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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 J. Eshman | December 8, 2023
Here is my list of Seven Dirty Words at Mediation and why I believe that we should carefully consider whether and when to use these words.
6 minute read
By Colleen Murphy | December 7, 2023
"MicroBilt's arbitration provision, including the AAA rules that it incorporates, does not condition [the plaintiff's] return to court on the AAA's decision being correct, or even reasonable. That is the deal the parties struck," the court ruled.
5 minute read
By Christopher "Smitty" Smith | December 7, 2023
As a mediator, I certainly draw on my experience as a football and lacrosse coach, and I have found there are many parallels between a successful team and a successful mediation. Here are some of the coaching skills that I have found effective in the mediation context.
5 minute read
By Alex Anteau | December 6, 2023
Appellee counsel argued the appellants purposefully complicated things by going into the arbitration while one of them had a pending bankruptcy.
5 minute read
By Colleen Murphy | December 6, 2023
"We are nevertheless satisfied these facts do not warrant deviation from the principles we have discussed, as our interpretation of the Rules confirms a party seeking a trial de novo should base their decision on the actual award filed with the court, not an arbitrator's oral representations prior to filing the written award," the opinion said. "As noted, a variety of circumstances could lead to differences between the two."
5 minute read
By Rhys Dipshan | December 6, 2023
The AAAi Lab will include guidance on AI and ADR and update users on the AAA's own work with AI, among other things.
3 minute read
By Ross Todd | December 6, 2023
With arbitrations for Silicon Valley venture fund Social + Capital and a portfolio company of Pegasus Capital Advisors pushing off the same week in early June, Kirkland's Josh Greenblatt couldn't be two places at once … but his junior colleagues could.
5 minute read
By Victoria Pfefferle-Gillot | December 5, 2023
McNees Wallace & Nurick fiduciary litigator Kendra D. McGuire was appointed chair of the Pennsylvania Orphans' Court rules committee, effective Jan. 1, 2024.
2 minute read
By Donna V. Smith | November 29, 2023
The wage-and-hour collective/class action mediation is a different type of case, and as mediator of wage-and-hour collective class action cases, I'd like to share some of the unique aspects of these types of cases.
9 minute read
By Lisa Willis | November 28, 2023
"It is very evident that lawyers are less comfortable trying cases," said Judge Jennifer Bailey on reflection upon retirement.
6 minute read
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