Perry J. Goffner and Timothy G. Cameron | Cravath, Swaine & Moore All questions Alternatives to litigation i Overview Given the time, disruption and expense associated with litigation, some parties opt to settle their disputes out of court through ADR procedures. Arbitration and mediation are the most common alternatives. ii Arbitration Arbitration is the submission… Continue reading Spotlight: Alternatives to Litigation in USA
Tag: mediation
Why Mediate a Land Use Dispute?
Marshall Berger | Pullman & Comley When disputes arise over land use issues, whether it is the approval or denial of a land use application, we have traditionally turned to our judicial system for their resolution. Indeed, in Connecticut, we have been fortunate to have a Judicial Branch that has appropriately resolved those disputes. Nevertheless,… Continue reading Why Mediate a Land Use Dispute?
Your Side, Your Story – the Advantage of Being Heard at Mediation
Larry Schiffer | National Arbitration and Mediation One of the key advantages of mediation is the ability to be heard by a neutral party genuinely interested in the facts and arguments giving rise to the dispute. Allowing the parties to tell their story to someone who is listening and empathetic to their problem is central… Continue reading Your Side, Your Story – the Advantage of Being Heard at Mediation
Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
Rebecca L. Gobeil | Gordon Rees Scully Mansukhani Current AIA standard form agreements allow for a choice between binding arbitration or litigation, with a further option to enforce mediation as a condition precedent to proceeding with the selected dispute resolution method. Each option has its advantages and disadvantages – and one option does not fit… Continue reading Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
An Uncompromising Insurer: What is a Policyholder to Do?
Eric Jesse | Lowenstein Sandler Eric Jesse addresses the unfortunately common experience during mediation of when an insurer balks at settlement resolutions: should a policyholder walk away, “pay and chase,” offer the right to receive insurance proceeds, or stand its ground? Speakers: Eric Jesse, Partner, Insurance Recovery READ THE TRANSCRIPT Eric Jesse: Hi, I’m Eric Jesse, partner… Continue reading An Uncompromising Insurer: What is a Policyholder to Do?