Insights & Tips
June 18, 2024 Negotiation skills are crucial for counsel in a mediation, but often involve a common yet unacknowledged strategy: deception. Although honesty is ideal in mediation sessions, expecting counsel to be completely candid when aiming to secure …
Last month, the Delaware Court of Chancery clarified critical aspects of the statute of limitations and tolling doctrines in breach of fiduciary duty claims through its ruling in ETC Northeast Field Services, LLC v. Muse (“Muse”). C.A. No. 2023-0249-MT …
June 17, 2024 Clients and counsel must behave ethically when participating in a mediation. In a mediation, a party or their counsel may display varying levels of aggression. But personal attacks on adverse counsel and other such disparaging conduct onl …
June 13, 2024 Mediators are bound by certain ethical rules and best practices to follow when refereeing a dispute. Mediators will likely have varying levels of training on the ethical rules that bind them as a neutral. Unprofessional conduct by mediato …
June 11, 2024 Under Rule 5.1 of the Delaware Court of Chancery, proceedings in a civil action are generally a matter of public record. A recent decision by the Court of Chancery reinforced the importance of maintaining public access to court proceeding …
March 18, 2024 At the end of the mediation process, the mediator typically delivers a closing statement, marking an important moment in the proceedings. Closure is essential to ensure that all parties have addressed their concerns and interests, includ …
March 18, 2024 In mediation, gathering information is crucial for parties to understand the core issues driving the dispute. Mediation offers a streamlined process of disclosure in a confidential setting, bypassing many of the complexities of litigatio …
February 27, 2024 FINRA amended its Code of Arbitration Procedure, introducing changes to the arbitration list selection process and clarifying procedural requirements. The revisions make changes to the arbitration list selection process, which includ …
February 22, 2024 Most mediations conclude with a settlement agreement, which may be oral or written, binding or non-binding, based on the parties’ commitment levels. Typically, a binding written agreement, a legally enforceable contract, is produced, …
February 21, 2024 On January 22, 2024, the Second Circuit held, in The Resource Group International Ltd. v. Chishti, No. 23-286 (2d Cir. Jan. 22, 2024), that a forum selection clause in a later settlement agreement could supersede a prior agreement to …
February 14, 2024 After considering options like a mediator’s proposal, conditional offers, alternative demands, or baseball/high-low arbitration, parties may still encounter an impasse during mediation. Advocates should be aware of strategies a mediat …
February 14, 2024 When parties cannot reach an agreement during mediation, advocates and their clients should consider “baseball” or “high-low” offers (often used in baseball arbitrations) to break the impasse and close the deal. These alternatives are …
