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Mediation Discovery Litigation Strategies

JAMS

A Modest Proposal to Avoid Discovery Nightmares

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My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more

Miles Mediation & Arbitration

Designing Efficient Discovery Processes in Arbitration

In almost every brief submitted to a court by a party seeking to enforce an arbitration agreement, you will find a reference to this country’s “pro-arbitration” policy. It is true that the United States— through the Federal...more

Miles Mediation & Arbitration

Legal Malpractice Ideally Handled in Pre-Suit Mediation

The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...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

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

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As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

Bradley Arant Boult Cummings LLP

No. 2 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

NAM (National Arbitration and Mediation)

Mediation: Avoiding The "S" Word In IP Litigation

The vast majority of even the most hard-fought litigations are resolved through an agreement between the parties. Mediation not only plays a significant role in facilitating settlement, it expands the times when it should be...more

Foley & Lardner LLP

Active Preparation Leads to Better Mediation Results

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After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation. In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared...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

Best Best & Krieger LLP

Best in Law: Want to Cut Legal Costs? Avoid Litigation

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BB&K Partner Lauren Strickroth Provides Litigation Cost-Saving Tips in the Press-Enterprise - The best strategy to minimize the cost of litigation is to avoid it altogether. Many businesses, trustees or individuals...more

Blake, Cassels & Graydon LLP

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

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