News & Analysis as of

Mediators Dispute Resolution

Pullman & Comley, LLC

Preparing to Fail at Mediation May Be the Best Way to Succeed

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Every good attorney knows the best way to prepare for a mediation. Marshal the facts. Master the law. Hone your presentation. Employ compelling visual aids. Anticipate the opposition and craft effective counters. ...more

Ankura

Mediation and Early Settlement of Disputes – The Expert’s Role

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The early settlement of disputes and mediation was a recurring topic throughout London International Disputes Week (LIDW). Featured on several panel discussions and raised in Q&A, this topic brought into sharp focus the role...more

JAMS

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

JAMS on

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

Moving Toward Resolution: The Importance of Systems for Mediators

In a world grappling with the aftermath of COVID-19, the landscape of dispute resolution has undergone profound changes. As a mediator with Miles Mediation & Arbitration and the founder of FourthParty, a technology platform...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

Judge Clifton Newman's Impactful Legal Career and Transition to JAMS

JAMS on

Although Judge Clifton Newman has served 24 years on the South Carolina Circuit Court, most of the country knows him best as the judge who presided over the criminal trial of Richard Alexander Murdaugh last year. During the...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

NAM (National Arbitration and Mediation)

[Webinar] The Importance of Legal Ethics and the Mediation Process - September 10th, 1:00 pm ET

The use of Alternative Dispute Resolution, particularly in the area of mediation, has grown dramatically in the past ten years. However, it is a process with which many counsel are unfamiliar. Judge Scheinkman will discuss...more

Vinson & Elkins LLP

IRS’s Alternative Dispute Resolution Has Room for Improvement

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The IRS Independent Office of Appeals has renewed its focus on alternative dispute resolution (ADR). In this article, V&E counsel Stephen Josey examines the ADR program and dives into how the agency can tweak its mediation...more

NAM (National Arbitration and Mediation)

ADR as a Practical Alternative to Litigation

The traditional approach to resolving legal disagreements through courtroom litigation often proves to be lengthy, costly, and stressful for everyone involved. As a result, many practitioners are now utilizing alternative...more

Lasher Holzapfel Sperry & Ebberson PLLC

Mediation in Divorce: What to Expect

Many people going through divorce wish they could “just mediate” their case. The good news is that several counties in Washington state, including King and Snohomish County, require that spouses engage in “alternative...more

JAMS

Agreeing to Disagree: The Complex World of Business Disputes

JAMS on

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

JAMS on

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

Jaburg Wilk on

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?

Bennett Jones LLP on

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

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International Initiative, is joined by his fellow co-chair of the International Initiative, Glenn Hendrix, who also serves as a partner in AGG’s...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

JAMS on

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

Top Five Things Lawyers and Neutrals Should Know About Using Artificial Intelligence

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Artificial intelligence, or AI, was the buzzword of 2023. AI has affected almost every aspect of our world. Although the legal profession has used “traditional AI” for many years, the use of generative AI is new and is...more

JAMS

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

JAMS on

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

ArentFox Schiff

The Dynamics of Arbitration: Choosing a Dispute Resolution Provision for Lower-Stakes Deals

ArentFox Schiff on

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a...more

JAMS

The Transformative Impact of AI on ADR

JAMS on

In my previous article on AI in ADR, I emphasized both the opportunities and risks associated with the use of artificial intelligence in alternative dispute resolution (ADR) and suggested that it is possible to move too fast....more

Stange Law Firm, PC

What is the caucus approach to mediation?

Stange Law Firm, PC on

Mediation is a popular alternative dispute resolution method in divorce or family law matters. Many opt to participate in mediation seeking a settlement outside of court....more

JAMS

Empowering Leadership and the Importance of Conflict Resolution Skills in Management

JAMS on

If only leadership were one-size-fits-all. The truth is, there is no cookie cutter-methodology to effective, empowering and essential leadership qualities. Yet effective conflict management strategies are often recognized in...more

JAMS

Why You Do You Resonates With Me When Resolving Disputes

JAMS on

“You do you.” This has become one of my new favorite sayings, as my spouse can attest. In fact, his birthday card to me this year had this phrase on the front because I frequently invoke these words as a mantra. As I enter my...more

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