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Alternative Dispute Resolution (ADR) Updates

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Seyfarth Shaw LLP

PAGA Paraphrased – Williams v. Alacrity Solutions Group, Inc.

Seyfarth Shaw LLP on

PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component,...more

JAMS

Writing Persuasive Closing Briefs

JAMS on

11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more

Miles Mediation & Arbitration

Mastering Virtual Questions: Practical Tips for Successful Remote Depositions

Remote depositions took hold during COVID and continue to be common; one study conducted in 2021 found that while 87 percent of lawyers rarely or never participated in remote depositions before COVID, 83 percent expected to...more

Tucker Arensberg, P.C.

Third Circuit Validates Pension Plan’s Right to Revise Withdrawal Liability Assessment and Its Enforcement in Federal Court

Tucker Arensberg, P.C. on

In Central States, Se. & W. Areas Pension Fund v. Laguna Dairy, S. de R.L. de C.V., No. 23-3206 (3d Cir. 2025 Mar. 27, 2025), the United States Court of Appeals for the Third Circuit (“Third Circuit”) reversed the district...more

Bradley Arant Boult Cummings LLP

Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Miles Mediation & Arbitration

So, You Want to Be a Mediator: How to Start a Mediation Practice

I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more

Miles Mediation & Arbitration

Wage Dispute Danger: What Employers Must Keep in Mind

In my 20+ years as a management-side employment lawyer, I used to receive calls about all kinds of workplace situations, but there is one category that still gives me nightmares. “Hi Steve. Long time, no talk. The reason I’m...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Technical Terminology in Residential Construction Contracts

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when...more

Skadden, Arps, Slate, Meagher & Flom LLP

Seating an Arbitration in Hong Kong or Singapore: Considering a Decades-Old Conundrum in 2025

The arbitration infrastructure of Hong Kong and Singapore is broadly similar, built on arbitration-friendly legislation, pro-arbitration courts and a consistent reputation for neutrality in the context of arbitration. Indeed,...more

Zelle  LLP

Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?

Zelle LLP on

In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity...more

Proskauer - California Employment Law

When Headless PAGAs Attack!

As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more

Foley & Lardner LLP

Health Care Litigation: Seven Considerations in Forum Selection

Foley & Lardner LLP on

Choosing where to resolve a health care dispute can be overwhelming at first glance. After all, in addition to determining where a case can be brought in the first place, there is the question of where it should be brought....more

Jaburg Wilk

It’s So Important to Have Hard Conversations

Jaburg Wilk on

Many times, when a new client walks into my office, they’re avoiding something. Maybe it’s a tough conversation with a business partner, a challenging negotiation with a vendor, or that dreaded discussion about succession...more

Bradley Arant Boult Cummings LLP

Spring Fever for Private Company Investors: Avoid Investing When Red Flags Are Discovered in the Company’s Garden

We have been enjoying a nice spring in Dallas – moderate temperatures, not too much rain and mostly sunny skies. In the investing world, these conditions signal that the time is ripe for a private company investment. But just...more

Miles Mediation & Arbitration

Personality Types: Recognizing and Handling Six Different Types of Participants at Mediation

No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more

Offit Kurman

How Buy-Sell Agreements Can Help Prevent a Messy Business Divorce

Offit Kurman on

Just like any kind of relationship, not all business partnerships are built to stand the test of time. They can sour just as easily as a romantic partnership or friendship as vision and long-term goals diverge, financial...more

Cozen O'Connor

Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale

Cozen O'Connor on

The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key...more

Skadden, Arps, Slate, Meagher & Flom LLP

The AAA’s Infographic and the Continued Abuse of Mass Arbitration

On April 15, 2025, the American Arbitration Association (AAA) distributed an infographic with statistics on mass arbitration in 2024, which could be read to suggest that the consumer mass arbitration process is functioning...more

Davidoff Hutcher & Citron LLP

Handling Partner Expulsions in Restaurant Businesses: A Legal Guide

Partnership conflicts can arise in any restaurant business, and in some cases, the only solution is expelling a partner. However, removing a business partner is a complex legal process that must be handled carefully to avoid...more

Ropes & Gray LLP

[Podcast] Real World; Real Problems—First Steps in Addressing Real Estate Partnership Disputes

Ropes & Gray LLP on

On this Ropes & Gray podcast, real estate investments and transactions partner David Kaye and counsel Pete Scherer are joined by litigation partner Andrew Todres to discuss one of the more taboo topics in real estate...more

Troutman Pepper Locke

AAA Introduces New Consumer Mediation Procedures and Fee Schedule

Troutman Pepper Locke on

On April 1, the American Arbitration Association (AAA) announced the launch of its new Consumer Mediation Procedures and Fee Schedule. According to the announcement, updates aim to simplify and make dispute resolution more...more

Carey Olsen

British Virgin Islands Litigation Guide 2025 (Chambers)

Carey Olsen on

The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more

K&L Gates LLP

Case Alert: Repetitious Claims in Adjudication

K&L Gates LLP on

Executive Summary - The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment....more

Carey Olsen

Bermuda Litigation Guide 2025 (Chambers)

Carey Olsen on

The guide provide the latest Bermuda legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more

Carey Olsen

Cayman Islands Litigation Guide 2025 (Chambers)

Carey Olsen on

The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more

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