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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 Sarah Biser and Craig R. Tractenberg | March 19, 2024
The cases are important not only because of the large size of the awards at issue, but also because arbitration is the preferred method by which the world's commercial disputes are being resolved.
5 minute read
By Amy Carron Day | March 15, 2024
Is there a "nice way" to go about negotiating and signing a prenuptial agreement? After over 30 years of practice as a family and divorce mediator and collaborative divorce attorney, Amy Carron Day can tell you that yes, it is possible.
5 minute read
By Leslie A. Berkoff | March 15, 2024
This article touches on several Supreme Court decisions related to the Federal Arbitration Act and the potential impact they have on the trajectory of a litigation and/or strategy of litigators.
8 minute read
By Noel L. Hillman | March 15, 2024
Whether one chooses a private mediator from outside the court system or takes advantage of programs like those available in SDNY and EDNY, every litigator has an obligation to their client to at least consider mediation at each major decision point in litigation.
9 minute read
By David W. Ichel | March 15, 2024
A valuable preparation option for any high-stakes arbitration is the mock arbitration. When done well, the reason it works is that counsel (and client) receives neutral mock arbitrator feedback on every issue that counsel seeks to test.
5 minute read
By Cheryl Miller | March 13, 2024
SB 940's author, state Sen. Tom Umberg, D-Santa Ana, said a voluntary certification program will encourage ADR firms to prove their practices comply with legal ethics rules.
3 minute read
By Betsy G. Ramos | March 13, 2024
"What is the key to a successful mediation? It starts with the selection of the right mediator," according to Betsy G. Ramos, co-chair of the litigation department at Capehart Scatchard.
8 minute read
By Louisa DeRose and Sarah Hechtman | March 12, 2024
The fundamental goal of mediation is to allow parties to maintain autonomy over the decisions that will govern their family. The reviewing attorney not only helps his or her client to make knowing decisions, but also aids the mediator by more fully exploring issues which the mediator, as a neutral, may feel constrained to avoid.
8 minute read
By Richard M. Williams | March 8, 2024
Many parties have become much more focused or "dug in" to positions or beliefs which to me is reflective of the overall "my way or the highway" political climate that currently exists in this country.
8 minute read
By Charles Toutant | March 7, 2024
The judge said ADR is "firmly entrenched in the culture in New Jersey, state and federally," because litigation is expensive and time-consuming and often ends in frustration for the parties.
4 minute read
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