Author Info for Miles Mediation & Arbitration

Leah Albert

The Case for Arbitration of Trust and Estate Disputes

Across the globe, arbitration is gaining a foothold in most of the typical areas of legal disputes, such as construction, employment, contracts, securities, and general business disputes. While there has been significant…more

Arbitration, Arbitrators, Dispute Resolution, Litigation Strategies, Mediation

See all updates »

William Atkins

It’s Not Always About Settlement: Five Compelling Reasons to Mediate

The overarching purpose for scheduling mediation is to get a case settled, so guiding parties toward a resolution at mediation is every mediator’s primary goal. With motivated parties and a skilled neutral, a high percentage of…more

Arbitration, Arbitrators, Dispute Resolution, Litigation Strategies, Mediation

See all updates »

John Austin

A Plaintiff’s Primer: Four Issues to Consider When Suing Governmental Entities in Georgia

Bringing a lawsuit is often a relatively simple procedure. You identify the defendant and properly serve process on the person or organization (or, possibly both) who you believe to be responsible for the event that damaged or…more

Governmental Immunity, Governmental Liability, Immunity, Liability Insurance, Municipalities

See all updates »

Audrey Berland

Artificial Intelligence (AI) and Mediation: Technology-Based Versus Human-Facilitated Dispute Resolution

The use of AI in mediation has the potential to revolutionize the way disputes are resolved. AI-based mediators, also known as “virtual mediators” or “digital mediators”, use advanced algorithms and machine learning techniques…more

Algorithms, Artificial Intelligence, Dispute Resolution, Legal Ethics, Litigation Strategies

See all updates »

Gino Brogdon, Jr.

Moving Toward Resolution: The Importance of Systems for Mediators

In a world grappling with the aftermath of COVID-19, the landscape of dispute resolution has undergone profound changes. As a mediator with Miles Mediation & Arbitration and the founder of FourthParty, a technology platform…more

Career Development, Client Representation, Dispute Resolution, Mediation, Mediators

See all updates »

Douglas Chandler

Top 10 Tips to Help Avoid Trouble

As an attorney and mediator who specializes in professional liability cases and issues affecting lawyers and their firms, I’ve learned that while the fact patterns and circumstances of every case are different, even the best…more

Insurance Industry, Know Your Customers, Liability, Mediation, Rules of Professional Conduct

See all updates »

Mandi Clay

The Imperative of Mental Health for Attorneys: Navigating the Legal Landscape with Resilience

In the demanding realm of law, where high stakes, rigorous deadlines, and intense competition are the norm, the significance of mental health for attorneys cannot be overstated. Attorneys, often seen as pillars of strength in…more

American Bar Association (ABA), Attorney-Client Privilege, Ethics, Mental Health, Work-Induced Stress

See all updates »

Todd Drucker

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive sessions…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Best Practices

See all updates »

Steve Dunn

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this…more

ADEA, Algorithms, Artificial Intelligence, Audits, Automated Decision Systems (ADS)

See all updates »

Michael Eshman

Seven Dirty Words at Mediation

Words matter. Different words have different connotations – even different synonyms can change the connotation or impact of what is being said, though the words may have the same dictionary definition. The words we choose can,…more

Bodily Injury, Dispute Resolution, Mediation, Wrongful Death

See all updates »

Hon. Susan Forsling

[Webinar] Healthcare Provider Immunity for Covid19-Related Claims - September 23rd, 6:00 pm ET

Whether Georgia’s legislation to limit liability for healthcare providers and their employees against COVID19-related claims is appropriate is one of the most hotly contested legal disputes in the healthcare field today. How do…more

Coronavirus/COVID-19, Health and Safety, Health Care Providers, Healthcare Facilities, Healthcare Workers

See all updates »

Eric Frisch

5 Strategies for Preparing for Your Healthcare Mediation 

Preparing to mediate a healthcare liability case in Georgia? Whether you have a medical malpractice case against professionals, a wrongful death case, or a negligence case against a healthcare entity, as a trial attorney and…more

Healthcare, Mediation, Medical Malpractice, Negligence, Wrongful Death

See all updates »

David Gallo

Designing Efficient Discovery Processes in Arbitration

In almost every brief submitted to a court by a party seeking to enforce an arbitration agreement, you will find a reference to this country’s “pro-arbitration” policy. It is true that the United States— through the Federal…more

Arbitration, Arbitration Agreements, Discovery, Dispute Resolution, Litigation Strategies

See all updates »

Rusty Grant

Mediating Negligent Security Cases: Issues and Strategies for Plaintiffs and Defendants

In the last few years, I have been fortunate to have attorneys and their clients trust me as their mediator in a significant number of high-exposure negligent security cases. Negligent security cases can offer a variety of…more

Appeals, Bad Actors, Criminal Prosecution, Emotional Injury Claims, Mediation

See all updates »

Shuli Green

Mediating the Medical Malpractice Case: Special Considerations and Strategies for Success

Why Mediate Medical Malpractice Cases? Medical malpractice cases are expensive and time-consuming to litigate and require specialized knowledge and understanding of complex medical issues. Mediated settlement negotiations…more

Arbitration, Dispute Resolution, Litigation Strategies, Mediation, Mediators

See all updates »

Jennifer Grippa

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive sessions…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Best Practices

See all updates »

Elizabeth Hoppe

Create Your Own Solution: Seven Compelling Reasons to Mediate Your Family Law Case

Today, lawyers are turning to mediation more frequently than ever before. Mediation offers a number of benefits, including the opportunity for parties to be heard; a chance to save time and money and avoid the costs of…more

Arbitration, Arbitrators, Dispute Resolution, Divorce, Litigation Strategies

See all updates »

Barry Howard

The Foundation of Your Case: Current Issues in Tennessee Construction Law

Construction law cases can involve a broad variety of issues, including breach of contract claims, construction delays, structural deficiencies/construction defect claims, environmental issues, and regulatory claims, among…more

Arbitration, Breach of Contract, Construction Defects, Construction Disputes, Construction Industry

See all updates »

Kelly James

The Case for Mediating Estate Disputes: An Option for Probate Attorneys to Consider

If you’ve ever served as an executor, you may already know how complicated, stressful, and time-consuming the process can be. In fact, according to a recent study, the average estate takes the executor about 570 hours to settle…more

Dispute Resolution, Estate Claims, Executors, Mediation, Probate

See all updates »

Meredith Jeffries

Good Riddance? The Uncertain Future of Covenants Not to Compete

I have a complicated relationship with my favorite Green Day song. Why is a song most often played as the backdrop to graduation videos hoping you “had the time of your life” called, “Good Riddance”? I am similarly conflicted…more

Confidential Information, Dispute Resolution, Employment Contract, Enforcement, Federal Trade Commission (FTC)

See all updates »

Kim Kirn

FINRA Arbitration and Mediation: A Compelling Case for Doing Both

The Financial Industries Regulatory Authority (FINRA) has created a parallel universe for handling disputes outside of the regular court system. It’s a bit like a sci-fi heroine finding herself in an alternate universe where up…more

Arbitration, Dispute Resolution, Financial Industry Regulatory Authority (FINRA), Mediation

See all updates »

C.J. Larkin

Acknowledgement and Apology: Greasing the Skids of Settlement

As a mediator of employment and multi-party civil disputes, I frequently see cases that should settle but the gears get stuck. Not because the right amount of money isn’t on the table. Not because the requisite confidentiality…more

Compensation, Jurisdiction, Mediation, Settlement

See all updates »

Andy Lax

Did I Help Cause That Impasse?

Your case should have settled at mediation. You wanted it to settle. It didn’t. Of course, you blame the mediator. But did you contribute to the impasse?…more

Arbitration, Arbitrators, Dispute Resolution, Litigation Strategies, Mediation

See all updates »

Drew Lewis

Slip-and-Fall Cases: Avoid Common Mediation Mistakes

Premises liability cases are a common part of most plaintiff’s lawyer’s practices, with slip-and-fall claims typically making up a sizeable number of cases. As a longtime Florida defense attorney, and a mediator of slip-and-fall…more

Insurance Adjusters, Mediation, Medical Bills, Premises Liability, Slip and Fall

See all updates »

Rob Litz

Pre-Mediation and Initial Caucus Strategies for a Successful Mediation

A successful mediation hinges not only on the mediator’s skill during the mediation session but also on preparation and work with counsel beforehand. Effective pre-mediation strategies are crucial in laying the groundwork for a…more

Dispute Resolution, Litigation Strategies, Mediation, Mediators, Settlement Negotiations

See all updates »

Dax Lopez

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal…more

Affidavits, Bodily Injury, Coronavirus/COVID-19, Filing Requirements, GA Supreme Court

See all updates »

Melissa Maravich

Reduce the Risks at Trial by Choosing Mediation

“You only get one chance to make a first impression.” You’ve heard that adage dozens, maybe hundreds, of times. You’ve probably said it yourself. But have you thought about how much those first impressions may affect you at…more

Dispute Resolution, Litigation Strategies, Mediation

See all updates »

David Matthews

Preparing your Client for Mediation When You Represent the Defendant

Preparing a Defendant for mediation presents some different challenges. In order to be successful, you must understand your client’s level of sophistication in connection with the entire mediation process, set up realistic…more

Client Representation, Defense Strategies, Dispute Resolution, Litigation Strategies, Mediation

See all updates »

Blane McCarthy

Get it in Writing: The Importance of a Signed Mediation Agreement

The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved by…more

Arbitration, Dispute Resolution, Federal Rules of Civil Procedure, Florida, Mediation

See all updates »

John McCorvey, Jr.

Mediation Best Practices

Approximately 90% of civil cases will settle, with a high percentage of those settling at or in connection with mediation. Therefore, an understanding of the mediation process and the dynamics involved in mediation is critical…more

Dispute Resolution, Mediation, Mediators, Virtual Litigation

See all updates »

Mark Miller

Point/Counterpoint: An Attorney and Mediator Talk Mediation

When’s the best time to mediate a dispute? What do mediators wish that attorneys did more of, or less of, during mediation? What would lawyers like to mediators to do more of?…more

Defense Strategies, Dispute Resolution, Litigation Strategies, Mediation, Mediators

See all updates »

Bianca Motley Broom

The Case for Mediating Nursing Home Cases Post-COVID

While nearly any type of lawsuit or issue can be addressed at mediation, certain types of cases are even more well-suited to mediation or other forms of alternative dispute resolution. Nursing home claims and lawsuits are a good…more

Coronavirus/COVID-19, Dispute Resolution, Litigation Strategies, Mediation, Mediators

See all updates »

Joe Murphey

General Sedgwick and the Underestimated Risk: A Lesson from History we can Apply to Settlement Negotiations

It was a bright, spring morning in early May 1864. The kind of morning that would typically bring gentle breezes and the mating calls of songbirds drifting up from the rolling hills of the Shenandoah Valley. But on this fateful…more

Mock Trials, Risk Management, Settlement Negotiations

See all updates »

Chris Osborn

Conquering Construction Contract Disputes: Strategies for Construction Attorneys to Consider

...An engagement scene from a chick flick? Or could it be a conversation about entering into a construction contract? At the beginning, the atmosphere around a construction project is not unlike a budding romantic relationship…more

Accounting, Construction Contracts, Construction Industry, Contract Disputes, Recordkeeping Requirements

See all updates »

Gregory Parent

Behind-the-Scenes with a Top Mediator: The 5 Actions I Take Every Time You Mediate with Me

While every mediator approaches mediation a little differently, there is more to this process than simply trying to help the parties reach a compromise that settles the issues between them. Whether you’re an attorney who…more

Continuing Legal Education, Insurance Adjusters, Mediation, Mediators, Oral Communications

See all updates »

Roy Paul

Damages, Apportionment, Limitation of Liability, and Indemnity in Construction and Commercial Cases

In an earlier article, I summarized important procedural issues in Georgia construction arbitrations. In that piece, specific reference was made to situations where a non-signatory to a contract could be forced to arbitrate in…more

Arbitration, Damages, Dispute Resolution, Liability, Punitive Damages

See all updates »

Peggy Roth

It’s About Listening, Not Only About the Law: 5 Compelling Reasons for Professional Mediators

In the realm of dispute resolution, mediation has emerged as a viable alternative to litigation. I believe that mediation offers us an opportunity to reach a consesus without the court making decisions on our behalf. While both…more

Best Practices, Dispute Resolution, Mediation, Mediators, Settlement Agreements

See all updates »

Michael Russell

Should We Start with a Settlement Agreement?

When I was a litigator and preparing for trial, I would always write my closing argument first. One of my mentors told me, “You can’t tell the jury where to go unless you know what the destination looks like.” That was sage…more

Arbitration, Dispute Resolution, Litigation Strategies, Mediation, Mediators

See all updates »

Parag Shah

Beyond Optics: The Argument for a More Diverse Workforce

Early in my career, when I was a public defender in Atlanta, I recall a client of mine – a young African-American man – who was wrongly accused of shoplifting at a relatively well-known retailer. One could argue it was a case of…more

Corporate Culture, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Jim Shea

Preparing For Mediation Success: The Three Elements of Pre-Mediation Planning

Would you go to trial without preparing? Of course, you wouldn’t. As the old saying goes: “failing to prepare is preparing to fail.” The same can be said for mediation. Failing to prepare for mediation will make mediation…more

Dispute Resolution, Litigation Strategies, Mediation, Strategic Planning, Trial Preparation

See all updates »

Ken Shigley

Ten Tips to Better Mediations Via Zoom

In 2000, I was involved in trying to develop a system for online mediation. The broadband infrastructure to support such a system did not exist, so we were 20 years early. It took the COVID-19 pandemic in 2020 to make…more

Dispute Resolution, Mediation, Mediators, Videoconference, Virtual Meetings

See all updates »

Jack Slover

Litigating Healthcare Malpractice Cases: Challenges for Plaintiff’s and Defense Counsel

Even if they involve similar facts or injuries, no two medical malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence…more

Credibility, Expert Testimony, Expert Witness, Health Care Providers, Healthcare

See all updates »

Christopher Smith

From the Playing Field to the Mediation Room: How 5 Coaching Skills Work in Mediation

What makes a good mediator? Patience. Listening skills. Negotiation skills. More patience. An ability to connect with different types of people from diverse backgrounds. And most of all, an ability to help push the parties…more

Dispute Resolution, Mediation, Mediators, Settlement Negotiations

See all updates »

Donna Smith

Mediating Wage-Hour Collective and Class Actions: Special Factors to Keep in Mind

While there are certain elements present in every mediation, some types of cases are unique. A wage-hour collective or class action breaks the typical mediation paradigm. In most employment law-based mediations one expects..…more

Class Action, Collective Bargaining, Independent Contractors, Mediation, Misclassification

See all updates »

Rex Smith

Don’t Give Up Until the Jury Knocks: Post-Mediation Strategies to Get to Settlement

The primary goal of a mediation is simple. Settle the dispute among the parties. And in an ideal world, a case settles at mediation. The failure to reach an accord before the mediation’s end may seem like settlement is…more

Juror, Jury Selection, Jury Trial, Litigation Strategies, Mediation

See all updates »

Debbie Tarkington

The Impact of Pandemic – Related HOS Exemptions on Trucking Cases

When lawsuits occur in the trucking industry, the potential for “nuclear verdicts” – verdicts where a jury award exceeds $10 million – is enormous. According to the most recent research on the matter from the American…more

Commercial Truck Drivers, Commercial Vehicles, Coronavirus/COVID-19, FMCSA, NHTSA

See all updates »

Tanya Tate

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Litigation, Federal Arbitration Act

See all updates »

Matthew Thiry

Mitigate the Damages in Business Divorce Through the Use of ADR

As is true with other relationships, some business relationships do not stand the test of time. Whether it be the stress caused by weak financial performance, lopsided efforts, differing opinions regarding employees, management…more

Arbitration, Business Divorce, Business Litigation, Business Ownership, Co-Ownership

See all updates »

Bunnie (Elizabeth) Todd

Two Bites at the Settlement Apple: Hybrid Mediation/Arbitration a Growing Option

There are a variety of reasons why parties may choose alternative dispute resolution, or ADR, over litigation. Both mediation and arbitration offer advantages over taking a case to court for resolution by a judge or jury, so…more

Arbitration, Arbitrators, Dispute Resolution, Litigation Strategies, Mediation

See all updates »

Salim Uqdah

[Hybrid Event] Dispute System Design - May 25th, Charlotte, NC

Miles mediator Salim Uqdah discusses how dispute system design can be created and utilized to facilitate resolution for your clients…more

Arbitration, Arbitrators, Continuing Legal Education, Dispute Resolution, Events

See all updates »

Jack Waddey

You Don’t Know Jack: Five Surprising Facts about Intellectual Property Law

Think you know the law? If you’re an attorney or simply well-versed in legal matters, you may have a working knowledge of statutory and case law. However, the area of intellectual property (IP) law is rife with surprises about…more

Copyright, Copyright Litigation, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

See all updates »

Winter Wheeler

Room for Opportunities – The Power of #Networked

I recently came across a meme that said, “Surround yourself with women who would mention your name in a room full of opportunities.” The quote (which was not attributed to anyone) struck me, because without hesitation I pictured…more

Career Development, Diversity, Mediators, Professional Development, Women in the Law

See all updates »

Leigh Wilco

There’s Nothing Like Being Prepared

How do you prepare for mediation? As a mediator of commercial and real estate disputes, I’ve found that some lawyers view mediation preparation as unnecessary and not the best use of their time. But failing to prepare almost…more

Damages, Discovery, Dispute Resolution, Documentation, Evidence

See all updates »

Douglas Wilde

Mediating Premises Liability Cases: Common Challenges Plaintiffs and Defendants Face — and How to Address Them

Plaintiff’s lawyer? Defense counsel? Many attorneys in private practice wind up doing some of both. In fact, many highly successful plaintiffs’ attorneys began their careers at insurance defense firms…more

Insurance Industry, Liability, Mediation, Negotiations

See all updates »

James Young

Preparing Your Case for Court-Ordered Arbitration

Court dockets are crowded, a fact that has only been worsened by the pandemic. The ongoing slew of lawsuits is one reason why many courts are using court-ordered arbitration to help settle lawsuits without the necessity of…more

Arbitration, Arbitrators, Exchange of Information, North Carolina, Trial Preparation

See all updates »

Miles Mediation & Arbitration

"My best business intelligence, in one easy email…"

"My best business intelligence,
in one easy email…"