Insights & Tips
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 …
February 14, 2024 When negotiations stall due to high plaintiff demands or low defendant offers, using conditional offers and alternative demands can help break the impasse. These strategies allow parties to adjust their positions without committing fi …
February 14, 2024 If all attempts to avoid impasse have failed but the parties are close enough to a deal that both sides see the merit in one final effort, a mediator might suggest a mediator’s proposal. A mediator’s proposal is a settlement offer mad …
February 8, 2024 On January 29, 2024, the Delaware Supreme Court upheld the enforceability of a forfeiture-for-competition provision in a limited partnership agreement in Cantor Fitzgerald, L.P. v. Ainslie. This provision allowed Cantor Fitzgerald to w …
February 1, 2024 Once the client and counsel have identified the parties’ interests and considered alternatives, they should develop objective criteria that both sides will reference during the mediation. Examples include market valuations, precedents, …
January 30, 2024 Employers must carefully consider the confidentiality and severance clauses they include in their agreements, as they may inadvertently violate whistleblower protection laws. Recent enforcement actions by the Securities and Exchange Co …
