News & Analysis as of

Jury Trial Mediation

NAM (National Arbitration and Mediation)

Mediation Is an Effective Risk Management Strategy, but Be Thorough.

An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more

Miles Mediation & Arbitration

The Importance of Pre-Mediation Preparation: How to Prepare your Client for Mediation

The ongoing attempts by the United States, Egypt, and Qatar to mediate the war between Hamas and Israel bring to the forefront the potential that mediation can have to resolve conflict. Yet the use of alternative dispute...more

Maron Marvel

White Paper: Navigating the Growing Risk of Large and Nuclear Verdicts

Maron Marvel on

The risk of a large verdict has always been a major factor in any litigation. In recent years, the potential for a punitive damages instruction reaching a jury and a consequent verdict has grown as well. US juries have not...more

Miles Mediation & Arbitration

Don’t Give Up Until the Jury Knocks: Post-Mediation Strategies to Get to Settlement

The primary goal of a mediation is simple. Settle the dispute among the parties. And in an ideal world, a case settles at mediation. The failure to reach an accord before the mediation’s end may seem like settlement is...more

Miles Mediation & Arbitration

Old Yeller and the Case for The Great, Big Virtual Mediation

Spoiler alert:  In case you haven’t seen the movie yet, Old Yeller dies in the end.  And the whole world cried.  And they still do, as the film continues to captivate new generations of audiences since its original release in...more

Winstead PC

Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous

Winstead PC on

In Maxey v. Maxey, in a dispute that arose from the probate of an estate, two sisters mediated and reached a settlement agreement concerning the division of certain real property. No. 01-19-00078-CV, 2020 Tex. App. LEXIS...more

Miles Mediation & Arbitration

Top 3 Misconceptions Attorneys Have About Virtual Mediation

Although largely unknown to the average litigant, alternative dispute resolution providers across the country have offered virtual mediation services for upwards of a decade. The sudden increase in the popularity of these...more

NAM (National Arbitration and Mediation)

The Future of ADR, Post-COVID: Personal Musings From a Neutral

These past several months have certainly been a challenge, to say the least. Lock downs, face masks, heroic doctors, hospital workers, and first responders, sickness, death, shuttered businesses, and furloughed workers all...more

BakerHostetler

Litigating in a Pandemic: Tips on Dealing with the New Abnormal

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In a time of social isolation can litigation still be used to bring parties together to resolve problems? Are there advantages to the technology being relied upon by the courts and mediators and are clients and litigators...more

White and Williams LLP

Evaluating Alternative Avenues to Verdict in the COVID-19 Legal Atmosphere

As the COVID-19 pandemic continues to reshape nearly all walks of life, the legal profession has likewise adapted to the new practicalities facing litigation. Perhaps no facet of the law has been more affected than jury...more

JAMS

Why Now Is a Good Time to Engage in Mediation or Other Streamlined Dispute Resolution

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As a recently retired federal judge who served for more than two decades on the U.S. District Court for the Northern District of California, I know firsthand how daunting managing a caseload can be even in normal times. Now,...more

Hinshaw & Culbertson LLP

[Event] 19th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

This is a must-attend event for law firm general counsel and managing partners, in-house corporate counsel, professional liability practitioners, legal malpractice insurance professionals, and any practicing lawyer concerned...more

Holland & Hart - Your Trial Message

Use Present Tense

You know how the joke begins: “A guy walks into a bar…” But wait, for you to know the punch line, this has to be past tense. So wouldn’t it be, “A guy walked into a bar…?” It could be. But usually it is “walks” – present...more

Butler Snow LLP

Airing Out Jury Trials

Butler Snow LLP on

As Program Chair for the 2019 DRI Products Liability Conference (February 6-8, 2019, in Austin, Texas – mark your calendars NOW), I have had the privilege of working to arrange some pretty amazing speakers and presentations....more

JAMS

JAMS Boston Newsletter - Winter 2018

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Employment Q&A: “Workplace Enforcement in Flux” - On October 24, JAMS Boston hosted an exciting employment law panel discussion co-presented by Massachusetts Lawyers' Weekly. Jenny Yang, Commissioner of the Equal...more

Dickinson Wright

Litigating in Ontario

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As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Right to Jury Under Section 4 of Federal Arbitration Act

Bass, Berry & Sims PLC on

Bass, Berry & Sims Chris Lazarini analyzed a case outlining when a party is entitled to have a jury decide issues related to the making or enforceability of an arbitration agreement. ...more

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