An Emerging Structure of ADR in Mass Torts and MDLs
The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category among all classifications.
A casual look around the room at any major mediation conference will quickly confirm that women and minorities are still significantly under represented.
The Future of Mediation
It is impossible to talk about the future, present or past of mediation without putting some sort of definition to that term. Clearly, mediation as dispute resolution has been around as long as disputes. When defined as a process that involves a designated third-party to assist in the resolution of disputes, mediation can be considered an old process.
There’s Always Time for a Second Opinion
The litigation process is full of variables and, no matter how strong a party’s case might be, going to trial is rarely a sure thing. There is also a tendency for counsel and clients to be overconfident in their assessments of their position. Thanks to the evolution of ADR, however, parties have many options available to them to secure an unbiased, neutral evaluation or second opinion about the strengths and weaknesses of a particular case and trial strategy.
$1B Settlement Reached in Stryker Hip Implant Mass Tort
Thousands of plaintiffs in New Jersey and around the country who had surgery to remove failed hip implants settled their claims November 3 in a deal that is expected to pay out more than $1 billion. It was reached after four months of negotiations with Stryker mediated by retired U.S. Magistrate Judge Diane Welsh, a JAMS mediator based in Philadelphia.
Experts Predict ADR Will Help Resolve ACA Claims
The use of ADR to resolve healthcare-related claims will increase with the implementation of the Patient Protection and Affordable Care Act (ACA). Experts predict the increase will stem from the need to reduce costs as well as the healthcare groups that will bring new disputes for resolution.
Five Things You Didn’t Know about Arbitration
Arbitration is by no means a new option for resolving disputes. Yet, parties and their counsel may not be aware of everything that this method of alternative dispute resolution brings to the table. Here are five things you may not know about arbitration from members of the JAMS arbitration panel.
5 Things You Didn’t Know about Class Action ADR
For both plaintiffs and defendants, class action litigation is time-intensive, costly and requires close oversight from start to finish. As a result, parties are increasingly turning to alternative dispute resolution (ADR) providers to manage many aspects of class action litigation. The value that ADR can offer to parties extends well beyond reaching a settlement.
JAMS Supports the ABA’s Planned Early Dispute Resolution Project
In the interest of saving time and money, the ABA Dispute Resolution has launched a user guide to help parties and lawyers develop a new process to resolve disputes.
The Importance of Culture in Conflict Resolution
At a Mediation Week panel discussion in New York, a panel of seasoned ADR professionals, including two JAMS mediators, a doctor of Anthropology, a New York Police detective and an organizational consultant, explored the role culture plays in conflict resolution.
Washington Could Use a Little More Mediation
Most of us were at least slightly frustrated by Washington’s inability to reach agreement over budget and debt limit issues in the past weeks and months. In fact this kind of dysfunction and brinksmanship has become more of a regular pattern than an aberration. Clearly the issues are complex as in any political debate and blame can be placed just about anywhere.
Spreading ADR Best Practices Around the World
Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms in different societies and they continue to evolve and mature. While many of us think of ADR only in a legal and commercial context, some of the most effective systems in the world exist in some of the least developed economies.
PG&E to Settle San Bruno Pipeline Explosion Claims
Utility giant Pacific Gas & Electric Co. will pay out $565 million in legal settlements and other claims stemming from the 2010 natural gas explosion in San Bruno, Calif., that killed eight people and devastated a neighborhood, company officials said.
Law Firm Engagement Letter Arbitration Clauses: A Higher Standard Required?
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be?
The Present and Future of ADR
The budget cuts to the court system have perhaps been felt more severely in California. In March, California Chief Justice Tani Cantil-Sakauye lamented in a speech to the state legislature, “our judicial branch budget has been cut greater and deeper than any other court in the United States.”
Civil Dispute at the Center of Phoenix Shooting
One deceased victim, Steven Singer, was the CEO of a company for which the shooter had provided a service, which resulted in a contract dispute.
The Growing Role of ADR in Multidistrict Litigation
Alternative dispute resolution (ADR) is playing an ever-increasing role in assisting the MDL Panel. Many cases routinely settle while in process at the MDL Panel stage, with parties engaging arbitrators or mediators.
Mediation 101: A Primer
Mediation is that it is consensual, and the ultimate solution is in the hands of the parties. The mediator can create a casual atmosphere in which creative problem-solving takes place. Clients are encouraged to speak and be a part of the process.
JAMS Remembers Hon. H. Warren Knight (Ret.), Founder of JAMS
Judge Knight founded JAMS more than 30 years ago. From its modest beginnings in Santa Ana, Calif. in 1979, JAMS has grown to 26 offices in the United States, London and Toronto, with affiliates in Italy, The Netherlands and Ireland.
Hon. H. Warren Knight (Ret.), Founder JAMS, The Resolution Experts 1929-2012
Hon. H. Warren Knight, retired Orange County, CA Superior Court Judge and founder of JAMS, The Resolution Experts, passed away on Thursday, November 15, 2012 in Newport Beach, CA from complications from COPD. He was 83 years old.
Book Review: Who Gets What
Mass disasters are mercifully rare. However, when one occurs, many lives are altered in one stroke. These tragedies call for special care and expertise in determining whether and how anyone involved will be compensated. This book discusses negotiation practicalities and outcomes in a variety of settings.
The Rise of Social Media among Inside Counsel
Facebook, LinkedIn, Twitter, blogs and other online social media tools continue to grow in their popularity across all age groups and all business types. Although most of the business world has already accepted social media as a valuable communications tool, many in the legal industry were hesitant to embrace the new medium.
MasterCard, Visa Settle Historic Price Fixing Case
Credit card companies and the banks that issue the cards have agreed to pay merchants nearly $7.25 billion to resolve dozens of lawsuits filed by retailers in 2005. The settlement includes at least $6.05 billion in payments to some 7 million merchants for past damages and an eight-month reduction in fees valued at $1.2 billion.
ADR Considered an Active Practice in Federal Courts
A survey of courts’ local rules, general orders, internal operating procedures and other online and written sources shows that 34 of the 94 district courts authorize multiple and distinct forms of ADR, including mediation, arbitration or early neutral evaluation (ENE). Of these courts, 14 authorize three or more distinct forms of ADR. An additional 27 districts authorize mediation only, while 25 districts provide general authorization to use ADR, authorize settlement conferences or authorize both.
The Ecuador Project: JAMS Foundation & Mediators Beyond Borders
Mediators Beyond Borders (MBB) and the JAMS Foundation launched a mediation project inEcuador, providing tools and resources to support growth and professionalization of ADR. At the same time, this project will offer Ecuadorian and American mediators an opportunity for cross-cultural exchange and mutual learning.
Preparing Your Client for Mediation
Today’s post comes from Joel M. Grossman, Esq., who has more than 30 years as a neutral, litigator, labor negotiator and in-house counsel overseeing complex employment and entertainment disputes.
The Rise of ADR in Mauritius
Today’s post comes from Matthew Rushton, deputy managing director for JAMS International, the international arm of JAMS.
Joining Forces in Favor of the Joint Session
East and West Coast perspectives came together in a recent article entitled “Joint Support for Joint Sessions” published on Law360.com. Authored by two of our highly experienced neutrals, Michael Loeb, Esq. on the West Coast and Jerry Roscoe, Esq. on the East, who have developed their own unique mediation styles over the lives of their careers. Each presented strong arguments in favor of the joint session, which has changed over time and evolved differently on either side of the country.
ADR and the Occupy Movement: The Importance of Dialogue
The Occupy Movement has dominated headlines for the past several months and garnered significant attention. Though the movement is inherently political and certainly controversial, there did emerge themes from Occupy that echo values long held in the ADR community.
Alabama Mediation Program Successfully Reduces Civil Court Docket
A mediation program recently established in Alabama’s Lauderdale County Circuit Court has shown solid success resolving some of the most intractable cases headed for jury trial by using volunteer mediators and the authority of the court to encourage parties to use the alternative dispute resolution process.
UN Member Countries Promote Use of Mediation to Peacefully Resolve Conflict
The General Assembly resolution marks mediation’s rise to prominence on the international stage and lays a foundation for its expanded use in peacefully resolving conflict.