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Settlement Agreements Mediators Mediation

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

NAM (National Arbitration and Mediation)

MedMal Disputes – Negotiating a Settlement is Still the Best Method of Resolution

Someone told me, long ago, that the days go slowly, and the years fly by.  No statement can be more accurate when referring to the past four years.  Because on Tuesday, March 17, 2020, while still serving as a Justice of the...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

Miles Mediation & Arbitration

Get it in Writing: The Importance of a Signed Mediation Agreement

The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...more

Marshall Dennehey

Settlement Agreements at Mediation Must Be Put in Writing and Signed to Be Enforceable

Marshall Dennehey on

Gold Tree Spa, Inc., PD Nail Corp., et al., No. A-3748-21 (App. Div. Mar. 28, 2023) - The New Jersey Appellate Division affirmed the Law Division’s orders denying the defendants’ motion to enforce an unsigned settlement...more

Miles Mediation & Arbitration

It’s About Listening, Not Only About the Law: 5 Compelling Reasons for Professional Mediators

In the realm of dispute resolution, mediation has emerged as a viable alternative to litigation. I believe that mediation offers us an opportunity to reach a consesus without the court making decisions on our behalf. While...more

NAM (National Arbitration and Mediation)

Your Mediation Didn’t Resolve. What’s Next?

As a mediator, I enter every mediation believing that by the end of the session, I will have helped the parties come together and reach a settlement. An optimist by nature – I'm a lifelong New York Jets and New York Knicks...more

Genova Burns LLC

No Signature, No Settlement: NJ Appellate Division Reiterates Settlements Reached at Mediation Absent a Signed Agreement Are...

Genova Burns LLC on

On March 28, 2023, in a published decision in Gold Tree Spa, Inc, v. PD Nail Corp., the New Jersey Appellate Division extended the New Jersey Supreme Court’s seminal decision in Willingboro Mall, Ltd. v. 240/242 Franklin...more

Miles Mediation & Arbitration

[Event] “Get Busy Negotiating or Get Busy Fighting!"-Effective Negotiation Skills - February 15th, Charlotte, NC

What can we learn about negotiation skills and mediation prep from Tim Robbins, Morgan Freeman, and Julia Roberts? The initial 2-3 hours of a mediated settlement conference can sometimes feel a bit like a protracted siege...more

Moritt Hock & Hamroff LLP

Remedies for Refusing to Consummate a Settlement Agreement Reached at Mediation

Raising an allegation that a party has not participated in the mediation process in good faith has historically been a sensitive hot-button issue for mediators, parties, and even the courts. In fact, even on occasions where...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal

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In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as...more

JAMS

Five Common Mediation Mistakes That Create Obstacles to Settlement

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Insights from JAMS neutral Hon. Lynn O’Malley Taylor (Ret.) and JAMS Diversity Fellow Rachel A. Gupta, Esq. - Mediation is often a grueling and exhausting process. The right mediator should be instrumental in helping the...more

Miles Mediation & Arbitration

Prepare for Mediation With Ranges Instead of Bottom Lines

One of the most common mistakes I see in mediation is when a party comes into the process with a firm “bottom line” in mind. For plaintiffs, this is the minimum amount they are willing to accept. Defendants often arrive with...more

Shumaker, Loop & Kendrick, LLP

EDR: Fairly & Ethically Resolving Construction Disputes at a Hare’s Pace - American Bar Association's Under Construction – Summer...

Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion. A fundamental premise of EDR is that...more

Downey Brand LLP

Making Peace in Mediation – A Conversation with Daniel Spector

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Daniel Spector has litigated trust and estate cases in Northern California since the early 1990s. He is now focusing his practice on mediating trust and estate disputes across California, working with Judicate West. Dan is a...more

Miles Mediation & Arbitration

Bracketology: Using Conditional Offers To Settle Your Case at Mediation

It’s mid-afternoon. Mediation has been dragging on for hours, and the clients are getting frustrated. Both parties feel as though they have been making good moves, but the other side is being unrealistic and unreasonable. The...more

JAMS

Mediating and Settling Real Property Cases

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Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, boundary...more

JAMS

Settlement Verification in the Virtual World

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My goal has always been to provide each and every mediation participant with the most satisfying experience possible. In virtual proceedings, the ability to convey settlement communications as if the litigants and I were in...more

Cranfill Sumner LLP

International Mediation: The New Mode of the Future?

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As global businesses have had to adapt to the curveballs thrown by COVID-19, innovation has sprung from adversity and the future of international trade is bright. One area of innovation is the continued development and...more

JAMS

Mediation in the Public Sector [Spanish]

JAMS on

[author: Ximena Bustamante] En países con una tradición jurídica continental europea, resulta muy poco común que las instituciones del Estado se sometan a procedimientos de mediación. Y aún si lo hacen, es poco probable...more

JAMS

Mediation in the Public Sector

JAMS on

[author: Ximena Bustamante] In countries with a continental European legal tradition, it is very rare for State institutions to undergo mediation procedures. And even if they do, it is highly unlikely that they would reach...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

Zelle LLP on

Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

Cranfill Sumner LLP

“PARTY” … Like it is 1999

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Are you trying to resolve a few claims before the end of the year?  If so, then please take a simple step to help keep a Grinch from stealing your settlement....more

JAMS

Update on Remote Mediations and the Virtual Evolution of ADR

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During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely. What have we learned from this...more

Maynard Nexsen

What to Expect at Mediation

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“This isn’t what I expected.” I hear that comment frequently from people that do not often participate in mediations. If you are involved in the construction industry, you will very likely have to participate in a mediation...more

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