News & Analysis as of

Dispute Resolution Coronavirus/COVID-19 Mediators

NAM (National Arbitration and Mediation)

MedMal Disputes – Negotiating a Settlement is Still the Best Method of Resolution

Someone told me, long ago, that the days go slowly, and the years fly by.  No statement can be more accurate when referring to the past four years.  Because on Tuesday, March 17, 2020, while still serving as a Justice of the...more

JAMS

Being Open to All Possibilities in Mediations

JAMS on

Let’s put mediation aside for a moment (I promise I will get back to it) and focus on the practice of law pre-pandemic. All attorneys and staff were expected to work in the office. Exceptions included going to court and...more

Miles Mediation & Arbitration

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...more

Miles Mediation & Arbitration

The Emerging Overlap Between COVID-19 and Employment Law Litigation

Prepared lawyers come to mediation with case authority or with information about jury verdicts in similar cases in hand. They will use it artfully to support their position, diminish the case of their opponent, or both. In...more

JAMS

Dealing With Workplace Conflict

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The workplace can be a source of tremendous collaboration, collegiality and productivity. It can also be home to conflict and mistreatment by fellow employees and employers. Workplace discrimination is just one example of the...more

JAMS

How Best to Resolve Conflicts in the Health Care Setting

JAMS on

The world of health care has changed dramatically during the past two years. It was already experiencing various pressures, and with the arrival of the COVID-19 pandemic, existing problems, like increasing costs and worker...more

JAMS

Mediating Employment Disputes: Between a Clock and a Hard Case

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The COVID-19 pandemic has forced companies across all industries and around the globe to recognize that there are differences in how their employees live and thrive. The barriers to an equitable work environment are being...more

JAMS

And Just Like That… I Mediated in Person: My Journey Back to the Office

JAMS on

Last week, I mediated a case in person for the first time in 23 months. I loved it. It was incredibly liberating to walk through the halls and knock on doors, to make eye contact with and observe the body language of others...more

JAMS

[PODCAST] The Pandemic and Beyond: Navigating Disputes Within Health Care Systems

JAMS on

A podcast from JAMS featuring neutrals Christopher Keele, Esq., and Adrienne Publicover, Esq., on disputes within health care systems and how parties can best navigate and mitigate these disputes - In this podcast, JAMS...more

JAMS

Omicron and the Ongoing Pandemic: Accepting the Virtual Future of ADR - Mediating from Home and Avoiding Burnout

JAMS on

When I started conducting mediations and arbitrations on Zoom almost two years ago, I could not have imagined that I would still be doing so today and that my practice and the alternative dispute resolution (ADR) field would...more

JAMS

Virtual Mediation in Today’s World: A Pandemic Success Story - Why it works so well

JAMS on

When the legal profession began to experience the impact of the COVID-19 pandemic, I wondered specifically how it would affect alternative dispute resolution. I was not so concerned about arbitration. There was precedence in...more

NAM (National Arbitration and Mediation)

Reflections About The Pandemic, ADR And A Look At What's Ahead

I remember the day quite well, March 16, 2020, leaving NAM's midtown office after my last mediation, stepping out onto 42nd Street at the height of rush hour, and finding a ghost town. New York City, New York State, and most...more

JAMS

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

JAMS on

I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways. My curiosity leads to the...more

JAMS

Why conversations need to open up again across the insurance profession

JAMS on

“We’ve been too serious for too long.” This is the belief of Ranse Howell - director of international operations for the world’s largest provider of mediation and arbitration services, JAMS - as well as the reasoning...more

JAMS

[PODCAST] JAMS Neutrals See Strong Future for Hybrid ADR Proceedings

JAMS on

A podcast from JAMS featuring neutrals Zee Claiborne and Michael Young on their experiences conducting hybrid proceedings at JAMS. In this podcast, JAMS neutrals Zee Claiborne and Michael Young discuss virtual and hybrid...more

JAMS

Business Interruption and the Impact on Real Estate

JAMS on

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

NAM (National Arbitration and Mediation)

Landlord/Tenant Disagreements – Reaching A Resolution Through ADR

With most accepting the vaccines developed by science and with the warmth of summer in full swing, we are emerging from our pandemic cocoons and re-engaging in the normal daily activities that we once took for granted....more

Zelle  LLP

Insurer Considerations For Post-Pandemic Virtual Mediation

Zelle LLP on

As the number of COVID-19 cases increased in the course of the pandemic, so too did the use of virtual mediation as a means of dispute resolution. The utilization of mediation to resolve disputes has quickly become even more...more

JAMS

[PODCAST] JAMS Introduces Key Changes to International Arbitration Rules

JAMS on

A podcast from JAMS featuring Kim Taylor, Robert Davidson and Ranse Howell on recent changes to JAMS’ International Arbitration Rules & Procedures (Rules) and how they respond to the modern practice of ADR and the COVID-19...more

JAMS

Disruptions, Disputes and Dialogue: What Just Happened?

JAMS on

We are finally starting to see signs of economic recovery, with businesses reopening and emerging from their forced hibernation. We are witnessing the evolution of the workplace and work itself. So let’s reflect on our...more

JAMS

Virtual Hearings and Mediations Are Here to Stay

JAMS on

As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer. To do so is to ignore the lessons learned while working remotely. Dispute...more

NAM (National Arbitration and Mediation)

Virtual ADR: Life After Lockdown

With vaccinations on the rise—and our spirits with them– there is increasing talk of returning to the office, probably after Labor Day, to resume a somewhat normal work schedule, including renewed person-to-person contact...more

NAM (National Arbitration and Mediation)

The Masked Mediator - A Personal Account of an In-Person Mediation

This past year has been unlike any other in almost every aspect of life. I feel blessed that my family and I have remained healthy, and that through Zoom technology and NAM's IT department, I have been able to continue to...more

JAMS

[Podcast] Where Do We Go From Here? The Future of Virtual ADR

JAMS on

A podcast from JAMS featuring Hon. Rebecca Westerfield (Ret.) and Scott J. Silverman (Retired Judge, Eleventh Judicial Circuit) on their experiences in virtual alternative dispute resolution (ADR) and their views on the...more

NAM (National Arbitration and Mediation)

Medical Malpractice Settlements In The Time Of COVID – A First-Hand Account

A year ago, on Tuesday, March 17th while serving as a Justice of the Supreme Court, Kings County, I, along with all my colleagues, was the recipient of an alarming email – “all Judges are directed to remain at home until...more

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