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Dispute Resolution Arbitration Mediation

Pullman & Comley, LLC

Preparing to Fail at Mediation May Be the Best Way to Succeed

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Every good attorney knows the best way to prepare for a mediation. Marshal the facts. Master the law. Hone your presentation. Employ compelling visual aids. Anticipate the opposition and craft effective counters. ...more

JAMS

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

JAMS on

Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more

JAMS

Judge Clifton Newman's Impactful Legal Career and Transition to JAMS

JAMS on

Although Judge Clifton Newman has served 24 years on the South Carolina Circuit Court, most of the country knows him best as the judge who presided over the criminal trial of Richard Alexander Murdaugh last year. During the...more

JAMS

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

JAMS on

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

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Cranfill Sumner LLP

No Second Bite at the Arbitration Apple: How the Fourth Circuit Appeals Court Steadfastly Affirms the Recognition & Enforcement of...

Cranfill Sumner LLP on

Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for...more

Bradley Arant Boult Cummings LLP

Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing Counsel

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

Association of Certified E-Discovery...

Embracing eDiscovery: Essential Knowledge for Arbitrators, Mediators, and Court-Appointed Neutrals

In recent years, the landscape of dispute resolution has undergone a significant transformation, with a notable rise in arbitration and mediation as preferred methods for resolving conflicts. According to Morris, Manning &...more

JAMS

Agreeing to Disagree: The Complex World of Business Disputes

JAMS on

Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution...more

Stoel Rives LLP

What to Consider When Analyzing Dispute Resolution Provisions

Stoel Rives LLP on

Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute...more

JAMS

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

JAMS on

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

Jaburg Wilk on

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

Bennett Jones LLP

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What’s Next?

Bennett Jones LLP on

The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more

ArentFox Schiff

AI and Arbitration: Silicon Valley Arbitration and Mediation Center Publishes First Guidelines on AI

ArentFox Schiff on

Artificial intelligence (AI) is an emerging technology with the potential to effect profound changes in all areas of society, including dispute resolution. As the business world increasingly confronts applications of this...more

Bradley Arant Boult Cummings LLP

Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential...

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 on the other side of a dispute, as well as when serving over 300 times as a...more

Benesch

AI Reporter - May 2024

Benesch on

The use of AI in the justice system and dispute resolution has become a significant topic of conversation. This suggests the first real legal limits on the technology may come from the courts instead of legislation. In one...more

Fenwick & West LLP

JAMS Issues New Rules for Mass Arbitrations

Fenwick & West LLP on

Two of the largest alternative dispute resolution services providers—JAMS and the American Arbitration Association (AAA)—have updated or created new rules and fee schedules for mass arbitrations. This development indicates...more

Ankura

Mediating Construction Claims in Real-Time

Ankura on

Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project - A Third-Party Neutral During Construction Primer - What Is a Third Party Neutral? A...more

Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

Walkers on

In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more

Miles Mediation & Arbitration

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...more

JAMS

Top Five Things Lawyers and Neutrals Should Know About Using Artificial Intelligence

JAMS on

Artificial intelligence, or AI, was the buzzword of 2023. AI has affected almost every aspect of our world. Although the legal profession has used “traditional AI” for many years, the use of generative AI is new and is...more

Davis Wright Tremaine LLP

Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts

Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today's increasingly litigious world, it is important for parties to consider their dispute resolution options...more

JAMS

Mass Arbitrations: The New Landscape of Dispute Resolution and Its Challenges

JAMS on

Taking a closer look at the JAMS Mass Arbitration Procedures and Guidelines - What are mass arbitrations, and why in recent years have there been so many of them? The U.S. Supreme Court has made clear in a series of...more

ArentFox Schiff

The Dynamics of Arbitration: Choosing a Dispute Resolution Provision for Lower-Stakes Deals

ArentFox Schiff on

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a...more

JAMS

Challenges and the path forward for disputes in aviation

JAMS on

The International Air Transport Authority (IATA) is a Montreal-based trade organization incorporating 317 airlines from over 120 countries. Its member operations comprise about 82% of available global commercial seat miles....more

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