News & Analysis as of

Mediation

Eversheds Sutherland (US) LLP

Film Room: Court order in House requiring modification

Given the momentum of the last year, it seems unthinkable that the House settlement might not be approved. However, it’s still—in fact—a proposed settlement, subject to Court approval. And, Wednesday’s order by Judge Wilken...more

Miles Mediation & Arbitration

So, You Want to Be a Mediator: How to Start a Mediation Practice

I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Technical Terminology in Residential Construction Contracts

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when...more

Dentons

"It's All My Fault"... But I'm Here To Tell You That Might Not Be True

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As a divorce and family law attorney, I often begin consultations by asking clients to share their stories. Some aren't sure where to start, so I encourage them to begin wherever it feels comfortable—whether that's the...more

Miles Mediation & Arbitration

Personality Types: Recognizing and Handling Six Different Types of Participants at Mediation

No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more

Ropes & Gray LLP

[Podcast] Real World; Real Problems—First Steps in Addressing Real Estate Partnership Disputes

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On this Ropes & Gray podcast, real estate investments and transactions partner David Kaye and counsel Pete Scherer are joined by litigation partner Andrew Todres to discuss one of the more taboo topics in real estate...more

Troutman Pepper Locke

AAA Introduces New Consumer Mediation Procedures and Fee Schedule

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On April 1, the American Arbitration Association (AAA) announced the launch of its new Consumer Mediation Procedures and Fee Schedule. According to the announcement, updates aim to simplify and make dispute resolution more...more

Vinson & Elkins LLP

Local Insight: The New Rules of the Texas Business Court Explained

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On March 1, 2025, the Texas Business Court (the “Business Court”) implemented new local rules aimed at enhancing the efficiency and fairness of business dispute resolutions. Key changes include new provisions involving...more

Bradley Arant Boult Cummings LLP

Federal Layoffs and the Future of Labor Disputes – Understanding the Effects of the Recent Cuts to the Federal Mediation and...

Federal layoffs have been a focal point of President Trump’s administration, drawing both strong support and opposition. On March 15, Trump issued an executive order directing seven federal agencies to make workforce cuts....more

Rumberger | Kirk

Legislative Alert: Florida’s HB 1551 and SB 554 Raise Concerns for Insurance Carriers

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It is no secret that insurance rates in the state of Florida have skyrocketed over the past several years. One of the catalysts to the increased rates was Florida’s attorney fee statute, which had the effect of incentivizing...more

Miles Mediation & Arbitration

Ensuring Efficiency and Economy: An Arbitrator's Primary Obligation

What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

New Family Law Arbitration Act Provides PA Families With Greater Flexibility, Efficiency and Control

On July 7, 2024, the Uniform Family Law Arbitration Act (“UFLAA”), 42 Pa. Cons. Stat. §§ 7371-7398, became effective. Prior to its enactment, Pennsylvania only had the Revised Uniform Arbitration Act (“RUAA”), which is...more

Bradley Arant Boult Cummings LLP

Seeking a Revenge Premium in Business Divorce: Resisting the Urge to Plunge Headfirst Into Quicksand

When longtime business partners in private companies go through a business divorce, emotions often run high. One or both of the partners may be seeking a “revenge premium” in the business divorce process based on their...more

Miles Mediation & Arbitration

Multi-Party Construction Mediations and How to Address Them

Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more

Epstein Becker & Green

FMCS Services Curtailed Pursuant to Executive Order

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The Federal Mediation and Conciliation Service (FMCS) has begun to significantly curtail services as the agency moves to implement a March 14 Executive Order, Continuing the Reduction of the Federal Bureaucracy, that directs...more

Miles Mediation & Arbitration

Mass Tort Cases: Challenges for Plaintiff’s and Defense Counsel

Mass tort cases present unique challenges for both plaintiff’s and defense counsel. Unlike a class-action case, where a representative plaintiff stands in for the other members of the class, each plaintiff in a mass tort case...more

Bradley Arant Boult Cummings LLP

Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Miles Mediation & Arbitration

Patience, Process and Persistence — Using Sequential Mediator’s Proposals in Commercial Contractual Negotiations

The goal of mediation is not always compromise. Rather, the goal of mediation is agreement, and compromise is only one tool to achieving that goal. Another tool is a change of perspective, of viewpoint, to confirm your...more

U.S. Legal Support

The Critical Role of Accurate Transcripts in Arbitration and Mediation Success

U.S. Legal Support on

Not all disputes require resolution by trial. In recent years, the cost savings, efficiency, and discretion afforded by arbitration and mediation have proved enticing to attorneys and clients alike. While the contents of...more

Miles Mediation & Arbitration

Arbitration vs. Mediation: Choosing the Right Path to Resolution

As an attorney, you already know that litigation is expensive, time-consuming, and stressful for all involved. Fortunately, alternatives to traditional litigation exist which offer faster, more affordable, and less...more

Miles Mediation & Arbitration

Mandatory Mediation Clauses in Retainer Agreements

We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...more

Miles Mediation & Arbitration

To Lie or Not to Lie: That Is the Question

In a recent mediation, it became clear to me that one of the lawyers was not being forthright with the facts. He kept claiming that he had information that would have a major negative impact on the other side’s case. However,...more

JAMS

[Podcast] Utilizing Co-Mediation - Bringing Together Multiple Perspectives to Reach Effective Settlements

JAMS on

In this podcast, JAMS neutrals Hon. Lynn Duryee (Ret.) and Rebekah Ratliff, CCLS, discuss the concept and application of co-mediation, where two mediators work together to solve disputes. The neutrals, who are known as the...more

Offit Kurman

The Dos and Don’ts of a High-Asset Divorce

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Divorce is not easy, and when substantial assets are involved, the process becomes even more complex. High-asset divorces should be approached with the goal of fairness and financial security for the family.  I’ve compiled...more

Miles Mediation & Arbitration

Master your Next Mediation: Advice for Attorneys

Crowded court dockets mean the interest in, and need for, alternative dispute resolution (ADR) continues to grow throughout Texas. How can you set the stage for successful mediation? When is the right time to mediate a...more

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