News & Analysis as of

Dispute Resolution Defense Strategies Settlement Negotiations

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

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

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

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

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

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

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

NAM (National Arbitration and Mediation)

Speak To Your Mediator – Early And Often!

Parties should take advantage of the opportunity to speak with their Mediator in advance of an upcoming Mediation session. Although admittedly not routine, nothing precludes counsel from initiating such communications....more

NAM (National Arbitration and Mediation)

The Challenges In Mediating Multi-Defendant Cases

One of the challenges a Mediator faces is multi-defendant litigation where the defendants are consumed with the issues among and between each other and are drawn more to in-fighting than in addressing the claims of the...more

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