RESOLVING FINANCIAL DISPUTES THROUGH MEDIATION: A Case Study from the Perspective of In-House Counsel
By: Michael W. Emerson, Esq.|March 2020 New York Law Journal Alternative Dispute Resolution (ADR) Special Report Imagine you work as “in-house” counsel at an investment bank. Your principal role is to advise your clients (typically sales personnel, product structurers and traders) about the various legal, regulatory and compliance risks associated with esoteric financial products. These products are not […]
RESOLVING MEDICAL MALPRACTICE MATTERS – POSITIVE OUTCOMES THROUGH MEDIATION
By: Bob Worden, Esq. | March 2020 There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can expedite dispute resolution for all. Medical malpractice mediation also presents its challenges. Given the nature of medical […]
THE ROOM WHERE MEDIATION HAPPENS: 2020 INSIGHTS FOR A SUCCESSFUL EMPLOYMENT DISPUTE RESOLUTION
By: Rhonda L. Epstein, Esq. |February 2020 The New York Law Journal Alternative Dispute Resolution Labor and Employment Special Report Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is […]
CONDITIONAL AND ALTERNATIVE DEMANDS/OFFERS CAN OFTEN MAKE THE DIFFERENCE IN MEDIATION
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...
THE BENEFITS OF EARLY MEDIATION – THE PATH LEAST TAKEN REQUIRES COMMITMENT
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...
MEDIATION: ACHIEVING CLIENT DRIVEN SOLUTIONS AND PRESERVING BUSINESS RELATIONSHIPS (FROM A FORMER GC'S PERSPECTIVE)
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...
THE ROLE OF HUMOR IN MEDIATION – NO LAUGHING MATTER!
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...
BEFORE THE REAL NEGOTIATIONS BEGIN: USE GOOD FAITH DISCLOSURE AND PROACTIVITY TO PREVENT MEDIATION SABOTAGE
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...
MEDIATION: AVOIDING THE “S” WORD IN IP LITIGATION
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...
CRITICAL DECISIONS AT MEDIATION: SHOULD A CLIENT ATTEND? SHOULD THE CLAIMS REP BE PRESENT?
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...