AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland — FCRA Focus Podcast
Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
What's the Tea in L&E? When Employees Refuse to Play Nicely in the Sandbox: Does it Call for a Mediator?
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
One IMS: Acquisition Stories | Trial Division of Precise, Inc.
Keith Matthews and Kim Reynolds: Talking Ag Biotech Episode 6
Survey Woes: CMS Ramps Up Hospice Survey Program and Consequences
Jewish Divorce Talk: Episode 8 - Narcissism and Parental Alienation Talk
The Power of Visuals in International Arbitration – IMS Insights Podcast Episode 63
Podcast: The Briefing by the IP Law Blog - Chipotle and Sweetgreen Settle Food Fight Over CHIPOTLE Trademark
The Briefing by the IP Law Blog: Chipotle and Sweetgreen Settle Food Fight Over CHIPOTLE Trademark
An Uncompromising Insurer: What is a Policyholder to Do?
Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge | Texas Appellate Law Podcast
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
Law Brief®: Rich Schoenstein and Morghan Richardson Discuss Trends in Divorce and Custody
3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses
It’s Lit? Insight into the Increase in Cannabis-Related Litigation in California
Law Brief®: Jonathan Temchin and Richard Schoenstein Explore Arbitration
Podcast: No Surprises Act: New Rules and Guidance for Stakeholders (Part 1) - Diagnosing Health Care
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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