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Settlement Negotiations

Miles Mediation & Arbitration

So, You Want to Be a Mediator: How to Start a Mediation Practice

I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more

Miles Mediation & Arbitration

Personality Types: Recognizing and Handling Six Different Types of Participants at Mediation

No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more

Miles Mediation & Arbitration

Ensuring Efficiency and Economy: An Arbitrator's Primary Obligation

What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more

Benesch

Supreme Court Extends RICO to Personal Injury Claims

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On April 2, 2025, the U.S. Supreme Court expanded the type of civil actions that can be brought under the Racketeer Influenced and Corrupt Organizations Act (RICO) to include personal injury claims that caused economic harm...more

Dentons

Divorce Dramatics: Dial it Down

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Many clients dream of a low-conflict divorce. And for good reason—a peaceful separation benefits everyone involved: the spouses, the children, and even their finances. But what happens when one spouse uses the divorce process...more

Melito & Adolfsen

Tell me what you’re looking for?

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Settling a case does not have to be complicated. Certainly, you need to know what you are willing to pay, and you should try to find out what your adversary is willing to take. How you get there is the issue....more

Roetzel & Andress

Navigating Disputes Within Your Health Care Practice

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Disputes among partners or shareholders can have a significant impact on a healthcare practice. On this week's HealthLawHotSpot, host and Roetzel attorney Ericka Adler is joined by fellow Roetzel attorney Hillard Sterling to...more

Latham & Watkins LLP

Treasury Finalizes Controversial Regulations on IRS Penalty Oversight, but Debate Continues

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Section 6751(b), designed to ensure supervisory oversight amid rising penalty assertions in settlement negotiations, has been contentious due its ambiguity, and the final regulations may not resolve the debate....more

Seward & Kissel LLP

Employment Litigation Roundup: December 2024

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Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint - In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more

Miles Mediation & Arbitration

Do We Have an Agreement? Don’t Forget the Terms!

A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final settlement agreement. Mediators conclude a...more

Miles Mediation & Arbitration

Walking a Minute in Your Adversary’s Shoes: Addressing The Issue of “Naïve Realism” at Mediation

By Glenn Hutchison and David Matthews   Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans...more

DarrowEverett LLP

The Tax Implications of Divorce: Alimony, Child Support, IRAs and More

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Divorce is a complex and emotionally charged process that also brings substantial financial considerations, with three of the most significant financial aspects of a divorce being alimony (spousal support), child support, and...more

BCLP

Mediation and the Limits of Without Prejudice Privilege

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Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that parties can speak freely. Indeed, the without prejudice privilege that...more

Searcy Denney Scarola Barnhart & Shipley

How Fault Is Determined in Florida Auto Accident Cases

To seek full compensation for an auto accident in Florida, you need proof of fault. While personal injury protection (PIP) insurance provides “no fault” coverage, this coverage is limited, and it won’t nearly cover all of the...more

Jaburg Wilk

Proper Mediation Preparation

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Mediation is a voluntary process where parties jointly select a neutral third-party facilitator to help reach settlement agreements for all or some of the issues in their divorce proceeding. The mediator is a private party...more

Snell & Wilmer

Federal Circuit Clarifies Legal Doctrines in Trade Dress and Litigation Privilege: Key Takeaways from Toyo v. Atturo

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The Federal Circuit recently issued a nonprecedential decision in Toyo Tire Corp. v. Atturo Tire Corp., concerning Toyo’s alleged trade dress in its tires, and Atturo’s counterclaims premised on Toyo’s settlement negotiations...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

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Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...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

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

BakerHostetler

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

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In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Lasher Holzapfel Sperry & Ebberson PLLC

Handling Narcissistic Traits in Divorce Mediations (Strategies for Successful Settlement)

In the world of divorce proceedings, the term “narcissist” has become a common label. However, it’s important to understand that merely labeling a spouse as a narcissist does not necessarily influence the court’s decisions or...more

U.S. Equal Employment Opportunity Commission...

EEOC Research Finds Alternative Dispute Resolution More Effective When Offered Early in the EEO Complaint Process

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released a report titled, “Effectiveness of Alternative Dispute Resolution in the Federal Sector.”...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

Fisher Phillips

California Supreme Court Hands Employers Rare PAGA Win by Limiting Powers of Additional Non-Party Plaintiffs

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The California Supreme Court just held that a plaintiff in one PAGA action does not have the right to intervene or object to a judgment in a similar action even if a settlement or other resolution in that similar case results...more

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