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Tag Archives: ADR

Jury mediation: A new tool to resolve cases (access required)

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. ...

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Gamesmanship no threat to use of mediation in civil cases…yet (access required)

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 ...

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Use of mediation in bankruptcy on the rise (access required)

Mediation in bankruptcy cases is becoming more common, as judges and lawyers discover how it can prevent the loss of millions in litigation costs in large, complex cases. Settlement of a recent Virginia construction dispute in bankruptcy court demonstrates mediation ...

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The new use of an old tool: The judge pro tem statute (access required)

In recent decades the volume of civil matters filed in state and federal courts across the country has risen substantially. At the same time, the capacity of these judicial systems to handle these matters has had trouble keeping pace. Public ...

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Who’s got the power?

Mediators will tell you one of the key questions to ask before a mediation session is, “Who’s going to be there?” It’s vitally important to have someone at the session who has the authority to settle the case, if the ...

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Jury trial waiver forfeited in scheduling order (access required)

Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts. But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine ...

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Mediate early to get more money on the table (access required)

A common expectation in the legal field is that deteriorating economic conditions will cause a rise in litigation as employees are laid off, margins become tighter and stressed companies fail to perform obligations. However, in the current recession, the expected ...

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What to do about Mom? Mediation may be the answer (access required)

Mom was in her 90s when she started having blackout episodes. Her oldest daughter, who lived two hours away, was adamant that her mother could no longer be left alone in her own home. But Mom didn’t want to move ...

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Settlement sessions are going high-tech (access required)

Savvy attorneys are using technology to speed settlement talks and mediation sessions. Many attorneys come to trial with flashy PowerPoint presentations, but will sit down at ADR sessions with only pens and paper. That’s changing, however, as attorneys realize that ...

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Tips from four mediation veterans (access required)

HOT SPRINGS—Mediation sessions are sometimes like a “middle-school dance,” said mediator John B. McCammon. The process advances with the movement and tentativeness of kids making their way from the corners of the gym to the edge of the dance floor to ...

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