By Everett Catts | October 6, 2023
Here's where you'll find all the columns being published in the online version of the Daily Report's annual Alternative Dispute Resolution special section.
Daily Report Online | Commentary|Expert Opinion
By Lee Tarte Wallace | October 6, 2023
We lawyers pride ourselves on two characteristics that are essential to making us good lawyers, but that sometimes contradict each other. We're objective, which lets us give dispassionate, reasoned advice. But on the other hand, we are also persuasive, which helps us convince people that our ideas are right. And it is hard to stay objective with someone you know and trust—you!—arguing your client's case to you day and night.
Daily Report Online | Commentary|Expert Opinion
By Jennifer Grippa | October 6, 2023
Employing an expert in arbitration can be valuable for clarifying complex issues or strengthening your argument. However, using experts in arbitration does come with risks.
Daily Report Online | Commentary|Expert Opinion
By Larry H. Kunin | October 6, 2023
Because Federal Rule 53 for special masters permits the use of court-appointed neutrals, parties should think about agreeing to such a neutral who understands the subject matter at issue.
Daily Report Online | Commentary|Expert Opinion
By Steve Dunn, Michael Russell and Tanya Tate | October 6, 2023
Three employment law neutrals with Miles Mediation weigh in on the current state of employment law and ADR trends.
The Legal Intelligencer | Commentary
By Craig R. Tractenberg | October 5, 2023
It makes a difference whether the determination is an arbitration or an expert decision. We see these clauses frequently. Something similar to "The franchise buyout price shall be determined by submission by each side's appraiser, whose reports shall be submitted to a third, whose decision shall be binding."
The Legal Intelligencer | Commentary
By Lindsay A. Nemit | October 5, 2023
Instead of the adversarial nature of the courtroom, a mediation session fosters open and effective communication between spouses. Mediators encourage the parties to express their thoughts and feelings constructively, which often leads to better understanding and empathy.
By Dan Roe | October 3, 2023
Wachtell's "unethical" $70 million success fee justifies equitable relief—triggering a carveout in the firm's arbitration clause—X Corp.'s lawyers stated.
By Ross Todd | October 3, 2023
Rajat Rana, who brought his practice specializing in investment treaty arbitrations to Selendy Gay Elsberg from Alston & Bird this summer, explains why the practice is no longer just the ambit of Big Law.
By Dan Roe | September 29, 2023
Former U.S. District Court Judge Shira Scheindlin said Boies Schiller's focus on litigation, mediation and arbitration represented a better fit for her practice as a neutral.
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