News & Analysis as of

Dispute Resolution Negotiations Mediation

Walkers

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

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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

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

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

Snell & Wilmer

Is Your Construction Mediator Really a Neutral Who’s Neutral?

Snell & Wilmer on

At Harvard University’s Kennedy School of Government, they teach an Executive Education course called Negotiation Strategies upon an adage, among others, that negotiation is the art of letting the other side have it your way....more

Kilpatrick

5 Key Takeaways - The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations

Kilpatrick on

Kilpatrick Townsend’s Brian Gaudet and Katie Barton and David Zacks of Zacks Resolution recently participated in a panel at the annual Susan A. Cahoon Annual Ethics and Professionalism Seminar hosted by Kilpatrick Townsend....more

Reveal

Legal Dispute: How to choose the right method of dispute resolution

Reveal on

Civil legal disputes as the Western world knows them date back to ancient Rome, yet society never seems to tire of them. Nearly 11.5 million new civil cases were filed in U.S. state and federal courts in 2021 alone....more

JAMS

Logic, Emotions and Values: 40 Years of Negotiation Style and Decision Theory

JAMS on

Much has been written about negotiation style and decision theory in the last 40 years. Getting to Yes was a sensation in 1981. It was followed by, among others, Start with No in 2002, Predictably Irrational in 2008 and Never...more

Davis Wright Tremaine LLP

Dispute Resolution Methods: Uses of Alternative Dispute Resolution

Family businesses are full of dynamics that are not present in other business types. While there are many benefits to the familial relationships present in family businesses, it can also mean that disagreements can feel more...more

JAMS

Preparing Clients for Productive Mediations

JAMS on

Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining. Civil litigation can be triggered by injury, injustice, dashed expectations—things...more

NAM (National Arbitration and Mediation)

The Joint Session - Benefits to Consider

Recently, I was interviewed about the usefulness of joint sessions. In the article, published in the “Daily Report”, Mediators Talk ‘East v. West' Split Over Use of Opening Sessions to Lay Out Disputes, there were contrasting...more

NAM (National Arbitration and Mediation)

Time Is On Your Side In the Mediation Process

The longer a mediation lasts the greater the likelihood that it will be successful. This conclusion is anecdotal, but based upon long experience. A mediation is successful even when the case does not settle if substantial...more

NAM (National Arbitration and Mediation)

Good Faith And The “Golden Rule” At Mediation

Authors preface: Mediation is indisputably the most cost-effective and efficient way to resolve disputes. Moreover, there is positive energy and cautious optimism in the mediation process, which every participant enjoys....more

Pullman & Comley - School Law

The Woodbridge Teachers’ Arbitration Award – First Interest Arbitration Award of the 2019-20 Teachers’ Negotiation Season

The 2019-20 certified teachers’ and administrators’ negotiation season is just about at the halfway mark. While, as to be expected, the overwhelming majority of contracts up for negotiation so far have settled at either the...more

Foley & Lardner LLP

Important Considerations in Selecting the Right Mediator

Foley & Lardner LLP on

One of the fundamental components of a mediation is, of course, the mediator. Continuing the Manufacturing Industry Advisor’s series on mediation, we discuss how to select the right mediator for resolution of your dispute....more

Foley & Lardner LLP

When to Mediate and Why

Foley & Lardner LLP on

If a company or person becomes involved in litigation, the parties eventually will either agree to, or be ordered to, participate in mediation. Mediation deserves deliberate and thorough consideration to make the most of an...more

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