Articles and Video:
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. 1 Comment
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.