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Dispute Resolution Defense Strategies Litigation Strategies

Bennett Jones LLP

Alberta Court of King’s Bench Confirms Requirement for Immediate Disclosure of Pierringer Agreements

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When only some of the defendants to a lawsuit want to settle, Pierringer agreements can be an attractive solution. However, in a recent decision that adopted principles from Ontario jurisprudence, the Court of King's Bench of...more

BCLP

Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil

BCLP on

Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution)...more

JAMS

[PODCAST] JAMS Neutrals Discuss JAMS Pathways and Addressing Evolving Workplace Conflict

JAMS on

In this podcast, JAMS neutrals Genesis Fisher, Esq., and Deirdre McCarthy Gallagher, Esq., discuss how workplace conflict has evolved in response to myriad challenges, including the pandemic and shifting work environments,...more

Miles Mediation & Arbitration

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

Miles Mediation & Arbitration

How Principles Found in Getting to Yes Can Help Provide Better Mediation Outcomes for Both Sides

Legal disputes are rife with emotions. It doesn’t matter if the parties are arguing over a property line, a business contract, or responsibility and compensation for personal injury or property damage. When these cases are...more

Miles Mediation & Arbitration

What Place Do Graphic Exhibits Have in Mediation?

Lawyers have mixed opinions about the utility and wisdom of using graphic visual aids in mediation. Some don’t want to put that much work into preparation for mediation, assuming it is a waste of time. Indeed, sometimes a...more

Miles Mediation & Arbitration

Explaining To Your Client Why Mediation Is Better Than Trial

The process of preparing a client for mediation begins at the first interview. In a plaintiffs’ personal injury practice, clients seldom have prior experience with the litigation process. However, they may have to unlearn a...more

Miles Mediation & Arbitration

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

Ward and Smith, P.A.

Not So Fast: Limits of "Settlement Negotiation" Protections

Ward and Smith, P.A. on

Understanding How and Why "Settlement Negotiations" May Be Used Against You - To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and...more

Nextpoint, Inc.

Trial Preparation 101: Strategies for Building Winning Arguments

Nextpoint, Inc. on

TRIAL PREPARATION SERIES / PART ONE OF THREE - It is a fact of modern law that many litigators never actually try a case. And those who do rarely appear in a courtroom more than once or twice a year. But you must have a...more

Dunlap Bennett & Ludwig PLLC

COVID-19 and Alternatives to the Civil Jury Trial

In many jurisdictions, now that guidelines for social distancing and wearing masks are better understood, trial courts remain open to receive new cases. In the Circuit Courts of Maryland and Virginia, plaintiffs and...more

Bradley Arant Boult Cummings LLP

Sooner Is Better than Later

For our friends who litigate (or arbitrate!) in Alabama, take note of this recent Alabama Supreme Court decision. Although not a construction case, this recent decision dramatically illustrates what not to do if you want to...more

Miles Mediation & Arbitration

The Case for Pre-Suit and Early Mediation

Where resolution is always the ultimate goal, mediation serves a vital purpose as a vehicle for exploring settlement in high stakes litigation where unnecessary and protracted litigation costs may be avoided by all parties....more

Holland & Hart - Your Trial Message

Continue the Conversation

From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that...more

NAM (National Arbitration and Mediation)

Unprecedented Times Require a Viable Alternative – ADR Is The Answer

While there is no denying that Court Administrators throughout the United States have tried mightily to responsively address the threat the Covid-19 virus poses to our legal system, the fact is that the pandemic has had a...more

NAM (National Arbitration and Mediation)

The Mediation Of Catastrophic Injury Medical Malpractice Cases

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines)...more

Miles Mediation & Arbitration

Practice Pointers for a Successful Mediation

Do not underestimate the benefits of mediation.  Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers.  As attorneys, we know that is...more

American Conference Institute (ACI)

[Virtual Event] 11th Annual Advanced Forum on Managed Care Disputes and Litigation - July 22nd-23rd

ACI’s 11th Annual Advanced Forum on Managed Care Disputes and Litigation will be offered in a virtual format this year to help you make sense of these developments, and their profound impact for managed care....more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: CDA Claims: Litigation Process & Procedures - March 18th, 12:00 pm ET

Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Bradley Arant Boult Cummings LLP

No. 3 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more

Holland & Hart - Your Trial Message

Be “Tough and Firm” Rather than “Warm and Friendly” in Negotiations

There’s an old expression: “You can catch more flies with honey than with vinegar.” Assuming that your goal is not to actually catch flies, but instead, to get what you want in some kind of negotiation, the expression means...more

Buckingham, Doolittle & Burroughs, LLC

I Just Got a Subpoena. Now What?

You just opened your mail – or worse yet, were confronted by a representative of a court (sometimes in uniform) – and learned that a subpoena has been issued to you in connection with an on-going legal action. Admittedly,...more

NAM (National Arbitration and Mediation)

Critical Decisions At Mediation: Should A Client Attend? Should The Claims Rep Be Present?

Throughout the mediation process, there are several critical decisions that plaintiff’s counsel will need to make. These decisions will, in turn, determine the ultimate direction of the case....more

Holland & Hart - Your Trial Message

Look Out for the Reptile Mediation

Defense attorneys at this point, should have at least some familiarity with the Reptile approach that the plaintiffs’ bar is using as a route to persuasion. The idea of framing cases based on personal fear and threats to...more

NAM (National Arbitration and Mediation)

When The Case Cannot Be Settled, Use A Mediation Agreement To Simplify The Trial And Avoid Extreme Results

When a lawsuit is pending, there’s no better, more practical and effective way to resolve the dispute than through alternative dispute resolution (ADR). What a great feeling when all issues are settled. The case is completely...more

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