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Arbitration Mediation Settlement Negotiations

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
JAMS

[PODCAST] Smart Mediation Strategies: A Discussion With Judge Nancy Allf and Kim Keenan on Maximizing Legal Outcomes

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In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with...more

JAMS

[PODCAST] Getting to Know the Florida ADR Market: Vibrancy, Tenacity and Growth in Miami

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In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in...more

Jaburg Wilk

Mediation and the Infamous Orange Story

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Imagine you are a parent. You have a son and a daughter, and they are fighting vociferously over the last remaining orange in the kitchen. The thoughtful parent that you are, you stop and quickly consider your options: You...more

JAMS

[PODCAST] JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

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In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more

Pullman & Comley, LLC

When to Request Non-Financial Terms at Mediation

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The initial demand was astronomical. Liability was razor thin. But, after three grueling hours, just as the marshals began to roust the public from the courthouse, counsel finally agreed upon a number. With three simple...more

Stoel Rives -  Ahead of Schedule

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months...more

Pullman & Comley, LLC

The Art of Mediation: Six Steps to Sussing Out the Subtitles

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The movie “Annie Hall,” through the clever use of subtitles, illustrated clearly that, where matters of the heart are concerned, what one says is not what one means. A successful mediator understands this trope holds true...more

Miles Mediation & Arbitration

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...more

Miles Mediation & Arbitration

Important Procedural Issues in Georgia Construction Arbitrations

Arbitration has long been used as an alternative to litigation in construction disputes. Many construction contracts contain arbitration clauses, many of which reference specific rules established by specific arbitration...more

Miles Mediation & Arbitration

Preparing Your Employment Case for Mediation

Preparing to mediate your employment case? You’ll want to take the process as seriously as you would preparing for a trial, but there are some very real differences between trial preparation and mediation preparation....more

Miles Mediation & Arbitration

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

Miles Mediation & Arbitration

Drafting Arbitration Clauses: An Institutional Perspective

Back in 2015, as a summer associate, I first encountered a vague, ambiguous dispute resolution clause which stated...more

Awatif Mohammad Shoqi Advocates & Legal...

Settlement Conference In A Civil Matter

In recent years, alternate forms of dispute resolution, such as arbitration and mediation, have gained significant importance. Due to their advantages, these methods are being encouraged over litigation, especially in civil...more

Miles Mediation & Arbitration

The Mediator’s Spectrum: Four Reasons to Consider Non-Attorney Mediators

The dispute resolution field has seen significant growth in the last 20 years. While most of the practitioners of mediation, arbitration, and collaborative law are attorneys and retired judges, other alternative dispute...more

Miles Mediation & Arbitration

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...more

Miles Mediation & Arbitration

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

Miles Mediation & Arbitration

Two Can Be Better Than One: When to Consider a Co-mediator

While people’s definitions of mediation may vary, the underlying purpose of mediation is simple: to resolve the dispute between the parties. That is, to settle the case. That means that as a mediator, you’re being paid to...more

Miles Mediation & Arbitration

Trust Me! One Mediator’s Search for the Key to Building Client Trust

“No one cares how much you know, until they know how much you care” The above quote is attributed to Teddy Roosevelt [TR]. Even aside from having the pleasing, lyrical flourish of a phrase well turned, this statement...more

Miles Mediation & Arbitration

Consider Arbitration When Mapping Out Your Resolution

There are alternatives to taking a case to trial other than mediation. Arbitration is the process of settling a dispute through a presentation to a neutral third party or panel. The decision can be either binding or...more

Miles Mediation & Arbitration

Prepare for Mediation With Ranges Instead of Bottom Lines

One of the most common mistakes I see in mediation is when a party comes into the process with a firm “bottom line” in mind. For plaintiffs, this is the minimum amount they are willing to accept. Defendants often arrive with...more

Miles Mediation & Arbitration

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

Miles Mediation & Arbitration

Five Easy Ways to Fail at Mediation

I know that most lawyers and clients go into a mediation with the hope that the case will settle if the terms are acceptable. But in watching some lawyers mediate, there are lessons to be learned about how not to settle. Here...more

Miles Mediation & Arbitration

Bracketology: Using Conditional Offers To Settle Your Case at Mediation

It’s mid-afternoon. Mediation has been dragging on for hours, and the clients are getting frustrated. Both parties feel as though they have been making good moves, but the other side is being unrealistic and unreasonable. The...more

JAMS

Mediating and Settling Real Property Cases

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Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, boundary...more

Miles Mediation & Arbitration

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

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