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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By Michael B. Titowsky | January 4, 2024
In this Mediation column, Michael B. Titowsky of NAM (National Arbitration and Mediation) explores what steps can be taken, by the lawyers, their clients and by the insurance carriers, to properly prepare for a labor law mediation.
14 minute read
By Rich Lee | January 2, 2024
Mediation starts the moment everybody signs the confidentiality agreement and can go on for months. If there's no settlement, it's just suspended. There's no failure because mediation can always start again. I stress that with parties and lawyers. We can always come back.
9 minute read
By Craig R. Tractenberg | December 21, 2023
Commercial arbitration is increasing in frequency and value. Recent cases have addressed two emerging issues. The first is whether a nonsignatory to an arbitration clause can compel or avoid arbitration. The second, more novel issue, is whether a nonsignatory can compel another nonsignatory to arbitration.
5 minute read
By Sean Saari | December 20, 2023
Employ a jointly retained valuation expert. This underused approach can pivotally shift disputes, especially where emotional entanglement clouds judgment, as in divorce or business ownership conflicts.
4 minute read
By John Fellas | December 19, 2023
The statute that governs arbitrations seated in England is in the process of being amended, with the U.K. government having a new Arbitration Bill into parliament in November 2023. In this article, John Fellas discusses one amendment, of which it is important that practitioners in other countries are aware.
12 minute read
By Victoria Pfefferle-Gillot | December 14, 2023
McNees Wallace & Nurick announced that energy attorney Charis Mincavage is the firm's newest member, effective Jan. 1, 2024.
3 minute read
By Tanya Tate | December 14, 2023
The way I see it, mediation and arbitration share a symbiotic relationship of sorts. There are tasks and functions that you perform as an arbitrator that, in my opinion, make you a better mediator and vice versa.
5 minute read
By Paul J. Baisley Jr. | December 13, 2023
In this article, retired Supreme Court, Suffolk County justice Paul J. Baisley Jr. reflects on his time as an arbitrator and discusses his expectations and methods associated with the job.
8 minute read
By Lawrence W. Newman and David Zaslowsky | December 12, 2023
International arbitrations often involve large amounts of money concerning, on occasion, indications of illegality, including criminal activity. What arbitrators can and should do when they have some awareness of such illegal activity has recently become the subject of commentaries and analyses.
8 minute read
By Abraham J. Gafni | December 11, 2023
What happens when a company purchases all the assets and liabilities of its predecessor? Does it thereby acquire the right to enforce a mandatory arbitration agreement the predecessor had with its employees?
7 minute read
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