Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
What's the Tea in L&E? When Employees Refuse to Play Nicely in the Sandbox: Does it Call for a Mediator?
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
5 Key Takeaways | The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations
An Uncompromising Insurer: What is a Policyholder to Do?
Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge | Texas Appellate Law Podcast
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
Identifying and Quantifying Government Contract Claims
Law Brief®: Rich Schoenstein and Morghan Richardson Discuss Trends in Divorce and Custody
DE Under 3: EEOC Studies Showing Online Mediation Preferred; Transgender Title VII Protections; May 2022 Employment Situation
3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses
Let's Talk Mediation, Arbitration, and Conciliation
Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal
Settlement and Mediation Strategy
Mediating Complex Insurance Coverage Disputes Series Part 3 – Breaking the Log Jam
Mediating Complex Insurance Coverage Disputes Series Part 2 – What Goes on in Mediation?
Mediating Complex Insurance Coverage Disputes Series Part 1 – Preparing For The Mediation
Episode 3.23: Rebecca Bratter of Greenspoon Marder on Life, Career, and Impacting the Community
What Will Happen at My Mediation?
VIRTUAL ADR UPDATE – TECHNOLOGY, CYBERSECURITY AND UNIQUE ISSUES PRESENTED BY HON. JOHN P. DIBLASI
Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more
Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and...more
The daughter of a pastor and a nurse, Rebekah Ratliff, mediator and arbitrator at JAMS, knows what it means to build and live a service-orientated life. Speaking with Insurance Business ahead of a JAMS-sponsored event...more
One of the key advantages of mediation is the ability to be heard by a neutral party genuinely interested in the facts and arguments giving rise to the dispute. Allowing the parties to tell their story to someone who is...more
Eric Jesse addresses the unfortunately common experience during mediation of when an insurer balks at settlement resolutions: should a policyholder walk away, “pay and chase,” offer the right to receive insurance proceeds, or...more
What should a policyholder do if its insurance company refuses to pay all or most of a settlement offer made during mediation? Lynda A. Bennett and Eric Jesse outline the options, from the less-than-ideal approach of walking...more
Mediation can be a viable way to reach a satisfactory settlement on an insurance dispute. When successful, mediation offers a less costly and time-consuming alternative to litigation and often allows for more candor and...more
There truly is no adequate remedy for the loss of life that occurred as a result of the fatal crowd crush at the Astroworld Festival on Nov. 5, 2021. Sadly, such tragedies are not new. A similar one occurred on Dec. 3, 1979,...more
As the number of COVID-19 cases increased in the course of the pandemic, so too did the use of virtual mediation as a means of dispute resolution. The utilization of mediation to resolve disputes has quickly become even more...more
I recently mediated a dispute involving a claims-made policy with a condition precedent to either side commencing litigation: mediation. Specifically, the policy stated the following: The Insurer and the Insured agree that...more
There has been a lot of talk lately, and a lot of presentations, about the pros and cons of virtual alternative dispute resolution (ADR)—video arbitrations and mediations. I recently participated in one such program, but it...more
Having served as a commercial mediator for the Southern District of New York mediation program for 28 years, I have some thoughts about the use of mediation to resolve insurance and reinsurance disputes. My perspective is...more
“Don’t worry, we will get it back in subrogation.” These words are often heard in the insurance claims world to soften the blow of a significant settlement or judgment. They might be said to support an account`s deteriorating...more
Florida House Bill 301—approved by the Florida Legislature in the 2019 Regular Session and signed by the Governor—addressed a number of different issues relating to insurance in Florida. This article discusses four of those...more
As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more
A New York district court granted Hudson Specialty Insurance Company’s (“Hudson”) petition to compel arbitration against New Jersey Transit Corporation (“N.J. Transit”) after determining that the parties had agreed to...more
The Department of Labor’s recent Proposed Rule (the “Proposal”), which defines the term “fiduciary” as it applies to persons who provide “investment advice” to ERISA plans and IRAs, will impact the likelihood and severity of...more