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JAMS

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

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Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more

Miles Mediation & Arbitration

Pre-Mediation and Initial Caucus Strategies for a Successful Mediation

A successful mediation hinges not only on the mediator’s skill during the mediation session but also on preparation and work with counsel beforehand. Effective pre-mediation strategies are crucial in laying the groundwork for...more

JAMS

[PODCAST] Smart Mediation Strategies: A Discussion With Judge Nancy Allf and Kim Keenan on Maximizing Legal Outcomes

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In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with...more

JAMS

Agreeing to Disagree: The Complex World of Business Disputes

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Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution...more

JAMS

[PODCAST] Getting to Know the Florida ADR Market: Vibrancy, Tenacity and Growth in Miami

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In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in...more

Jaburg Wilk

Mediation and the Infamous Orange Story

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Imagine you are a parent. You have a son and a daughter, and they are fighting vociferously over the last remaining orange in the kitchen. The thoughtful parent that you are, you stop and quickly consider your options: You...more

Bennett Jones LLP

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What’s Next?

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The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more

Bradley Arant Boult Cummings LLP

Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential...

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 on the other side of a dispute, as well as when serving over 300 times as a...more

JAMS

I Mediate Like I Entertain

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How to prepare, adapt and serve up successful outcomes - I love to entertain. I enjoy poring over recipes and ideas for menus and coming up with themes for events. I truly enjoy spending time with my guests. And I bring...more

JAMS

Mass Arbitrations: The New Landscape of Dispute Resolution and Its Challenges

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Taking a closer look at the JAMS Mass Arbitration Procedures and Guidelines - What are mass arbitrations, and why in recent years have there been so many of them? The U.S. Supreme Court has made clear in a series of...more

JAMS

Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall

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Ann Marshall brings over 25 years of legal experience to the table, beginning with her tenure as a hard-working criminal defense attorney. Ms. Marshall eventually became a partner at the boutique Seattle-based law firm Bishop...more

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

JAMS

[PODCAST] JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

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In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more

Pullman & Comley, LLC

When to Request Non-Financial Terms at Mediation

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The initial demand was astronomical. Liability was razor thin. But, after three grueling hours, just as the marshals began to roust the public from the courthouse, counsel finally agreed upon a number. With three simple...more

Stoel Rives -  Ahead of Schedule

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months...more

Pullman & Comley, LLC

The Art of Mediation: Six Steps to Sussing Out the Subtitles

Pullman & Comley, LLC on

The movie “Annie Hall,” through the clever use of subtitles, illustrated clearly that, where matters of the heart are concerned, what one says is not what one means. A successful mediator understands this trope holds true...more

BCLP

Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil

BCLP on

Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution)...more

JAMS

[PODCAST] JAMS Neutrals Discuss JAMS Pathways and Addressing Evolving Workplace Conflict

JAMS on

In this podcast, JAMS neutrals Genesis Fisher, Esq., and Deirdre McCarthy Gallagher, Esq., discuss how workplace conflict has evolved in response to myriad challenges, including the pandemic and shifting work environments,...more

Miles Mediation & Arbitration

Preparing Your Employment Case for Mediation

Preparing to mediate your employment case? You’ll want to take the process as seriously as you would preparing for a trial, but there are some very real differences between trial preparation and mediation preparation....more

Miles Mediation & Arbitration

The Case for Mediating Nursing Home Cases Post-COVID

While nearly any type of lawsuit or issue can be addressed at mediation, certain types of cases are even more well-suited to mediation or other forms of alternative dispute resolution. Nursing home claims and lawsuits are a...more

Miles Mediation & Arbitration

Point/Counterpoint: An Attorney and Mediator Talk Mediation

When’s the best time to mediate a dispute? What do mediators wish that attorneys did more of, or less of, during mediation? What would lawyers like to mediators to do more of?...more

Miles Mediation & Arbitration

“Trauma-Informed” Mediation: 6 Key Strategies for Attorneys and Mediators

We are hearing more and more in the practice of law about the impact of “trauma,” and particularly the ways that traumatic experiences impact the brain and body. There’s even a growing movement to help lawyers practice in a...more

Miles Mediation & Arbitration

Two Bites at the Settlement Apple: Hybrid Mediation/Arbitration a Growing Option

There are a variety of reasons why parties may choose alternative dispute resolution, or ADR, over litigation. Both mediation and arbitration offer advantages over taking a case to court for resolution by a judge or jury, so...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

Drafting Arbitration Clauses: An Institutional Perspective

Back in 2015, as a summer associate, I first encountered a vague, ambiguous dispute resolution clause which stated...more

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