ADR | Virginia Lawyers Weekly

The case for separate settlement counsel in the ADR process

By Virginia Lawyers Weekly
Published: April 6, 2012
Tags: ADR

Have the recent domestic and global economic upheavals led to structural changes in the practice of law? Whether there is a “new normal” for the legal profession may be debatable, but one thing is certain: clients, particularly business clients, have sharpened their focus on how to reduce legal spending, and have singled out litigation [...]

Mediation in med-mal cases: What’s not to like?

By Deborah Elkins
Published: March 5, 2012
Tags: ADR, Medical Malpractice

When it comes to medical malpractice cases, “everybody doesn’t like something, but nobody doesn’t like” mediation.
For lawyers who appreciate the nuance of a double negative, the old slogan used to sell Sara Lee coffee cake captures the appeal of the mediation process.
Some of the motives that move any litigant toward mediation – confidentiality, a chance [...]

U.S. Supreme Court signals continuing preference for arbitration

By Correy E. Stephenson
Published: February 6, 2012
Tags: ADR, Consumer Protection, U.S. Supreme Court

The U.S. Supreme Court solidified its pro-arbitration stance in its decision last month interpreting the Credit Repair Organizations Act.
In CompuCredit v. Greenwood, the justices said the CROA was silent on whether claims can proceed in arbitration, despite a prohibition on waivers of a consumer’s rights and a disclosure provision that informed consumers of a [...]

Credit Repair Act claims are subject to arbitration

By Correy E. Stephenson
Published: January 17, 2012
Tags: ADR, Consumer Protection, Federal Courts, U.S. Supreme Court

Because the Credit Repair Organizations Act is silent on whether claims can proceed in arbitration, the Federal Arbitration Act mandates the parties’ arbitration agreement be enforced, the U.S. Supreme Court ruled on Jan. 10.
A group of consumers brought suit in federal court against CompuCredit, a company that marketed a credit card that purported to [...]

Dos and don’ts of cost-effective mediation

By Dolan Media Newswires
Published: January 13, 2012
Tags: ADR

Wisconsin lawyer Dawn Drellos-Thompson realized a few years ago that her small business owner or minimum-wage earning clients could not afford most mediators.
So she started a separate mediation practice, charging half or less of the Milwaukee-area market rate. She provides flat-fee mediation without time limits: $250 for small claims of $5,000 or less, and [...]

Five things to know about arbitration at FINRA

By Dolan Media Newswires
Published: December 1, 2011
Tags: ADR

For attorneys who never have heard of the Financial Industry Regulation Authority before, now might be a smart time to learn the basics.
Wall Street has been a tumultuous place of late, and chances are, sometime soon a client will lament losing his shirt because of a broker’s bad calls. Or, perhaps a client who [...]

Tips for an effective and ethical negotiation

By Dolan Media Newswires
Published: November 30, 2011
Tags: ADR, Practice Tips

The role of business counsel is complex. The lawyer has to not only produce a legal and enforceable negotiated agreement, but also must try to get the best deal for clients while conducting the negotiation in a way that reflects positively on them.
The most ethical and effective approach to negotiation is not one that is [...]

Boyd Graves: ‘What’s up with mandatory arbitration?’

By Deborah Elkins
Published: November 7, 2011
Tags: ADR, Boyd-Graves Conference

ALEXANDRIA—Plaintiff’s lawyers have complained about mandatory arbitration clauses in consumer contracts for years, but it’s a little unusual to hear defense lawyers take up the charge.
That’s what happened at the Oct. 28 annual meeting of the Boyd Graves Conference.
Norfolk lawyer Wiley F. Mitchell Jr., who chairs a Boyd Graves committee studying Virginia’s arbitration laws, [...]

Jury mediation: A new tool to resolve cases

By Dolan Media Newswires
Published: November 1, 2011
Tags: ADR

Jasmin, a 14-year-old high school student went for a drive with two friends one winter night. On a state-owned mountain road, their car plunged off a 450-foot cliff and burst into flames. Her two friends miraculously escaped with minor injuries.
But Jasmin was badly burned over more than 50 percent of her body and lost most [...]

Gamesmanship no threat to use of mediation in civil cases…yet

By Peter Vieth
Published: June 30, 2011
Tags: ADR

Lawyers increasingly complain about gamesmanship that threatens to sabotage the practice of mediation, but no one seems to be willing just yet to abandon the popular alternative to trial in civil cases.
Despite finger pointing about mediation abuse between the plaintiff and defense bars, retired Judge John J. McGrath Jr. said he’s had only a [...]

Virginia Lawyers Weekly