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…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Law Practice Products & Services, Science, Computers, & Technology
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…
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/ Alternative Dispute Resolution (ADR)
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…
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/ Alternative Dispute Resolution (ADR), Civil Remedies, Labor & Employment Law
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 each…
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/ Alternative Dispute Resolution (ADR)
What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so universal…
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/ Alternative Dispute Resolution (ADR)
Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several tasks…
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/ Alternative Dispute Resolution (ADR), Construction Law, Insurance
Although law firms recognize that collaboration is the key to effective decision-making, some firms have also realized that “collaboration drag”, attending too many meetings, seeking too much feedback from peers, unclear or no…
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/ Alternative Dispute Resolution (ADR), Business Organizations
Mass tort cases present unique challenges for both plaintiff’s and defense counsel. Unlike a class-action case, where a representative plaintiff stands in for the other members of the class, each plaintiff in a mass tort case…
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/ Alternative Dispute Resolution (ADR), Products Liability, Toxic Torts
The goal of mediation is not always compromise. Rather, the goal of mediation is agreement, and compromise is only one tool to achieving that goal. Another tool is a change of perspective, of viewpoint, to confirm your strategic…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts
As an attorney, you already know that litigation is expensive, time-consuming, and stressful for all involved. Fortunately, alternatives to traditional litigation exist which offer faster, more affordable, and less adversarial…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
The digital revolution has fundamentally changed the way businesses and individuals conduct transactions. Electronic contracts and electronic signatures have become vital to modern commerce, enabling efficiency and convenience…
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/ Commercial Law & Contracts, Electronic Discovery, Labor & Employment Law
We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a dismissal…
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/ Alternative Dispute Resolution (ADR), Law Practice Products & Services, Professional Malpractice
In a recent mediation, it became clear to me that one of the lawyers was not being forthright with the facts. He kept claiming that he had information that would have a major negative impact on the other side’s case. However,…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Professional Malpractice
Crowded court dockets mean the interest in, and need for, alternative dispute resolution (ADR) continues to grow throughout Texas. How can you set the stage for successful mediation? When is the right time to mediate a dispute?…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Personal Injury
In this month’s Thoughts from the Top, we speak with Tangela Richmond, our director of education, about recent updates that can be expected from our Education Division…
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/ Alternative Dispute Resolution (ADR), Law Practice Products & Services, Professional Malpractice
