News & Analysis as of

Mediation Dispute Resolution Rules of Civil Procedure

JAMS

A Modest Proposal to Avoid Discovery Nightmares

JAMS on

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

Vinson & Elkins LLP

Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

Vinson & Elkins LLP on

Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more

Proskauer - Minding Your Business

SORT IT OUT! The English Courts Take a Step Towards Mandatory Mediation

Mediation is globally recognized as an effective dispute resolution mechanism. A trained mediator can assist apparently diametrically opposed parties in finding a resolution that avoids the time and costs of court...more

JAMS

Recovering Attorney Fees in Arbitration

JAMS on

An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more

NAM (National Arbitration and Mediation)

There's A New Rule In Town - What Will You Do About It?

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more

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