News & Analysis as of

Dispute Resolution Settlement Agreements Mediation

NAM (National Arbitration and Mediation)

ADR as a Practical Alternative to Litigation

The traditional approach to resolving legal disagreements through courtroom litigation often proves to be lengthy, costly, and stressful for everyone involved. As a result, many practitioners are now utilizing alternative...more

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

Miles Mediation & Arbitration

Get it in Writing: The Importance of a Signed Mediation Agreement

The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...more

White & Case LLP

Drafting Settlement Agreements with Enforcement in Mind

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There are currently a significant number of unresolved claims in Qatar as a result of the construction activities that took place in the lead-up to the FIFA World Cup, including due to the minimum wage increase,...more

Miles Mediation & Arbitration

It’s About Listening, Not Only About the Law: 5 Compelling Reasons for Professional Mediators

In the realm of dispute resolution, mediation has emerged as a viable alternative to litigation. I believe that mediation offers us an opportunity to reach a consesus without the court making decisions on our behalf. While...more

NAM (National Arbitration and Mediation)

Your Mediation Didn’t Resolve. What’s Next?

As a mediator, I enter every mediation believing that by the end of the session, I will have helped the parties come together and reach a settlement. An optimist by nature – I'm a lifelong New York Jets and New York Knicks...more

Venable LLP

UK Signs Singapore Convention on International Mediation Settlement Agreements

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In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International...more

Genova Burns LLC

No Signature, No Settlement: NJ Appellate Division Reiterates Settlements Reached at Mediation Absent a Signed Agreement Are...

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On March 28, 2023, in a published decision in Gold Tree Spa, Inc, v. PD Nail Corp., the New Jersey Appellate Division extended the New Jersey Supreme Court’s seminal decision in Willingboro Mall, Ltd. v. 240/242 Franklin...more

Vinson & Elkins LLP

The UK to Sign The Singapore Convention — The New “New York Convention” for Mediation?

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On 2 March 2023, the UK Ministry of Justice (“MoJ”) announced its decision to join the Singapore Convention on Mediation. The United Nations Convention on International Settlement Agreements Resulting from Mediation (or...more

Miles Mediation & Arbitration

[Event] “Get Busy Negotiating or Get Busy Fighting!"-Effective Negotiation Skills - February 15th, Charlotte, NC

What can we learn about negotiation skills and mediation prep from Tim Robbins, Morgan Freeman, and Julia Roberts? The initial 2-3 hours of a mediated settlement conference can sometimes feel a bit like a protracted siege...more

JAMS

Five Common Mediation Mistakes That Create Obstacles to Settlement

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Insights from JAMS neutral Hon. Lynn O’Malley Taylor (Ret.) and JAMS Diversity Fellow Rachel A. Gupta, Esq. - Mediation is often a grueling and exhausting process. The right mediator should be instrumental in helping the...more

Miles Mediation & Arbitration

Prepare for Mediation With Ranges Instead of Bottom Lines

One of the most common mistakes I see in mediation is when a party comes into the process with a firm “bottom line” in mind. For plaintiffs, this is the minimum amount they are willing to accept. Defendants often arrive with...more

Fox Rothschild LLP

Tips for Enforcing that Mediated Franchise Settlement Agreement

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Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required...more

Shumaker, Loop & Kendrick, LLP

EDR: Fairly & Ethically Resolving Construction Disputes at a Hare’s Pace - American Bar Association's Under Construction – Summer...

Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion. A fundamental premise of EDR is that...more

Downey Brand LLP

Making Peace in Mediation – A Conversation with Daniel Spector

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Daniel Spector has litigated trust and estate cases in Northern California since the early 1990s. He is now focusing his practice on mediating trust and estate disputes across California, working with Judicate West. Dan is a...more

Miles Mediation & Arbitration

Bracketology: Using Conditional Offers To Settle Your Case at Mediation

It’s mid-afternoon. Mediation has been dragging on for hours, and the clients are getting frustrated. Both parties feel as though they have been making good moves, but the other side is being unrealistic and unreasonable. The...more

JAMS

Mediating and Settling Real Property Cases

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Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, boundary...more

JAMS

Settlement Verification in the Virtual World

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My goal has always been to provide each and every mediation participant with the most satisfying experience possible. In virtual proceedings, the ability to convey settlement communications as if the litigants and I were in...more

Cranfill Sumner LLP

International Mediation: The New Mode of the Future?

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As global businesses have had to adapt to the curveballs thrown by COVID-19, innovation has sprung from adversity and the future of international trade is bright. One area of innovation is the continued development and...more

JAMS

Mediation in the Public Sector [Spanish]

JAMS on

[author: Ximena Bustamante] En países con una tradición jurídica continental europea, resulta muy poco común que las instituciones del Estado se sometan a procedimientos de mediación. Y aún si lo hacen, es poco probable...more

JAMS

Mediation in the Public Sector

JAMS on

[author: Ximena Bustamante] In countries with a continental European legal tradition, it is very rare for State institutions to undergo mediation procedures. And even if they do, it is highly unlikely that they would reach...more

Downey Brand LLP

Court May Compel Mediation of California Trust Disputes

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Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes. In Breslin v. Breslin (Case No. B301382, decided...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

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Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

Cranfill Sumner LLP

“PARTY” … Like it is 1999

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Are you trying to resolve a few claims before the end of the year?  If so, then please take a simple step to help keep a Grinch from stealing your settlement....more

JAMS

Update on Remote Mediations and the Virtual Evolution of ADR

JAMS on

During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely. What have we learned from this...more

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