Alternative Dispute Resolution

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.

  • New Jersey Law Journal

    FAMILY LAW

    By NJLJ Contributors | January 22, 2018

    In this supplement, learn about how the tax overhaul affects family law matters; "forensic mediation" in a matrimonial case; #MeToo and a divorce matter; and the importance of securing life insurance to cover support obligations.

    1 minute read

  • New Jersey Law Journal

    Forensic Mediation in a Matrimonial Matter

    By Ronny Jo Siegal and William J. Morrison | January 22, 2018

    Two experts suggest a new process: "forensic mediation," where the forensic accountant works in stages and involves the mediator, attorneys and parties at each step.

    1 minute read

  • The Legal Intelligencer

    Who Decides Arbitral Venue—an Arbitrator or the Court?

    By Abraham J. Gafni | January 18, 2018

    Perhaps no arbitration issue has been litigated more frequently in recent years than determining “arbitrability.” Repeatedly, courts have been called upon to decide whether they or the arbitrators have the authority to resolve particular aspects of a dispute.

    1 minute read

  • The Legal Intelligencer

    More Than a Decade Later, Arbitration Award Against Church Leader Revived

    By P.J. Dannunzio | January 17, 2018

    In recently denying reargument after more than a decade of litigation, the Commonwealth Court has cemented its decision to reinstate an arbitration award in a case in which a church leader was found to have misappropriated church money.

    1 minute read

  • The Legal Intelligencer

    Alternative Dispute Resolution

    By The Legal Intelligencer | January 16, 2018

    In the Legal's Alternative Dispute Resolution supplement, read about guided-choice mediation, the use of technology in mediation and gaining a winning perspective.

    1 minute read

  • The Legal Intelligencer

    Gaining a Winning Perspective in Mediation: It's All About the Frame

    By Michael W. Winfield | January 15, 2018

    In the traditional model of dispute resolution through litigation, a win is easy to define. Most times, there is a winner and a loser identified by who prevailed, on which claims, and what monetary compensation was awarded. Indeed, with the exception of limited equitable remedies available for a small subset of certain claims, this is the predetermined, limited outcome of the litigation process. It is black and white by design.

    1 minute read

  • The Legal Intelligencer

    A Modest Proposal to Mitigate Sexual Harassment and Misconduct in the Workplace

    By Stephanie H. Klein | January 15, 2018

    Social and news media bombard us daily with accounts of sexual harassment and misconduct by captains of industry, the arts and politics. The accounts and identities of these formerly admired men continue to shock the public with no end in sight.

    1 minute read

  • The Legal Intelligencer

    Some Reasons Why Big Cases Do Not Settle Sooner

    By William P. Shelley | January 15, 2018

    The longer cases are litigated, the more they cost. Particularly for corporate parties, this means more internal time is lost, and more dollars may need to be held in reserve over long periods which could be more productively applied elsewhere. Thus, it is no surprise that many companies who regularly litigate closely track the time cases are open as one yardstick to measure the performance of outside counsel.

    1 minute read

  • The Legal Intelligencer

    Allocation: Empathy, Efficiency and Justice for the Victims

    By Diane Welsh and Jerry Roscoe | January 15, 2018

    In the past year, each of us performed a damages allocation arising from a horrific accident—the May 2015 derailment of Amtrak Train 188 in Philadelphia, a crash that killed eight and seriously injured 200 people, and the June 2013 collapse of the Salvation Army Thrift Store in Center City, which killed seven and severely injured 12.

    1 minute read

  • New Jersey Law Journal

    The Immunity of Attorneys for the Occasional Bad Result

    By John L. Slimm and Jeremy J. Zacharias | January 15, 2018

    It is an unpleasant fact that a bad result may occur when representing a client. Attorneys are not “guarantors,” “backstops” or “insurers” of the outcome of a matter they handle.

    1 minute read

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