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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 Colleen Murphy | January 17, 2024
"We do urge the court to affirm the bright-line rule articulated by the Appellate Division that class action waivers outside of arbitration are per se unconscionable under New Jersey's public policy as necessary to protect the important public interests that underlie New Jersey's public policy favoring class actions in cases that do meet the requirements under Rule 4:32-1," the plaintiffs' counsel, Miriam S. Edelstein of Costello & Mains, said.
6 minute read
By The Legal Intelligencer | January 9, 2024
In The Legal's Alternative Dispute Resolution special section read about some virtual mediation considerations and how India's new law could affect ADR worldwide.
2 minute read
By Louis Hockman | January 8, 2024
Disputants, domestic and foreign, will welcome the efficiency that mediation offers as compared to traditional litigation. Attorneys representing parties which do (or will do) business are urged to look closely at the act.
7 minute read
By Keith D. Heinold | January 8, 2024
In-person mediation with everyone physically present at one location has been the gold standard for as long as mediation has been a popular process to resolve cases. Maybe it still is, but not in all circumstances and virtual mediations are here to stay.
6 minute read
By Michael Marciano | January 5, 2024
Moore will focus on mediation and arbitration of civil disputes including family disputes and pre- and post-dissolution matters involving property distribution and child custody.
2 minute read
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
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MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS