Insights & Tips
June 5, 2023 Before the mediation, at the invitation or suggestion of the mediator, a party may elect to send the mediator a confidential side-letter in addition to the pre-mediation statement exchanged with the other party. The side-letter for the med …
June 5, 2023 The pre-mediation statement gives each party an opportunity to present background information on the dispute and advise the mediator of its respective position. It also allows you to share your client’s position on the facts and the law wi …
May 23, 2023 The goal of mediation, unlike litigation, is voluntary settlement between the parties. There is no winning or losing, the goal is a compromise where both parties can walk away feeling satisfied. Because it is up to the parties whether they …
May 23, 2023 A new article from the BBC explores the importance of punctuation in contracts, focusing in particular on the comma, and how its misuse can cost companies considerably when drafters get things wrong. Oakhurst Dairy out of Portland, ME owes …
March 28, 2023 A recent article from Proskauer highlights several “extraordinary verdicts” for plaintiffs in recent trade secret cases. The trend is being seen across industries: Appian Corp. v. Pegasystems Inc., No. 2020-07216 (Va. Cir. Ct. Fairfax Ct …
March 28, 2023 JAMS ADR Blog recently proposed a new concept for dispute resolution, Mediated Evaluations. This new form of alternative dispute resolution (ADR) could offer parties more in-depth analysis on the merits of their arguments, and better pos …
January 20, 2023 – A growing alternative to in-person mediation is online “virtual” mediation. Virtual mediation is sometimes preferable to in-person mediation when the key participants in the mediation are scattered around the country or in different …
December 30, 2022 – Once the parties select a mediator, they should memorialize their agreement in writing. The basic mediation agreement is usually prepared or circulated by the mediator. This agreement should help the parties better understand the …
December 22, 2022 – In our previous post, we explored where to find lists of potential mediators to assist in resolving a dispute. If the parties have contractually agreed to use one of the major mediation organizations or service providers, including …
December 19, 2022 – Once the parties of a dispute reach the decision to mediate, they are then faced with the task of finding a mediator. Often, the court or the mediation agreement itself may specify where the parties should select a mediator. Other …
November 8, 2022 – While mediation is an effective dispute resolution tool, timing is key and can make or break the success of the process. At the end of the day, the particularities of a case will determine the right time to mediate. Because mediatio …
November 2, 2022 – Today, contracts frequently require that the parties seek to mediate any disputes before commencing a litigation or arbitration. But even when the parties are not contractually required to mediate, a litigant or potential litigant s …
