Mediating Complex Business Disputes Before Litigation: Making the Most of the Moment
“Increasingly, business partners are exploring the mediation of complex business disputes before filing a lawsuit or arbitration. Sometimes this is… Continue reading.
3 Ways a Business Can Use Mediation to Avoid Litigation
“Businesses are increasingly mediating complex business disputes before filing a lawsuit or going to arbitration. Sometimes this is required by… Continue reading.
Federal District Court Enjoins CMS Ban on Pre-Dispute Arbitration Agreements in Long Term Care Resident Agreements
“On September 28, 2016, the Center for Medicaid and Medicare Services (CMS) promulgated a lengthy final rule that, among many… Continue reading.
Reassessing Commercial Arbitration: Making it Work for Your Company
“Handling disputes that have strayed beyond the ability of both parties to negotiate a solution by themselves presents a variety… Continue reading.
Striving for a “Bulletproof” Mediation Settlement Agreement
This article addresses measures that should be considered to increase the chances not only that the mediated settlement agreement will be “bulletproof ” if litigation follows but also to provide a process that eliminates or at least reduces the likelihood that any party will walk away from or seek to set aside a settlement.
Conna A. Weiner and Nancy Greenwald, Panel Materials for “Mediation Convening and Intake Best Practices,” ABA Section on Dispute Resolution Annual Meeting April 2015
Confidentiality, neutrality, voluntariness and self-determination are critical elements of the mediation process. These principles potentially are challenged when one party… Continue reading.
AAA Dispute Resolution Continuum Chart
AAA Dispute Resolution Continuum Chart Showing a Variety of ADR methods
College of Commercial Arbitrators Protocols on Expeditious and Cost-Effective Arbitration
In response to mounting complaints that commercial arbitration has become as slow and costly as litigation, thus substantially diminishing its… Continue reading.