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The Legal Intelligencer

Considering the Mediation Privilege in Awarding Legal Fees

To what extent may mediation impact an award of attorney fees as part of the costs in litigation?
7 minute read

The Legal Intelligencer

Discussion of Removal Issues Arising From Arbitration Cases

Compulsory arbitration cases historically posed problems for diverse defendants seeking to remove a personal injury case to federal court.
11 minute read

The Legal Intelligencer

Using Early Case Assessment as a Tool for Triaging Disputes

When a dispute first surfaces, the extent of the risk to an organization and the level of resources required to resolve it may not be readily apparent.
8 minute read

The Legal Intelligencer

Analyst Receives Arbitration Award After 'Freeze-Out'

By | March 19, 2013
After a monthlong arbitration last summer, a minority shareholder alleging he was frozen out of an investment management firm he helped found has collected an arbitration award of more than $2.1 million that reflected a redemption payment for his shares of the company.
3 minute read

The Legal Intelligencer

Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation?

Bob has had it with adversaries who act in bad faith in court-ordered mediation and get away with it. Last week, Bob and his client went to a court-ordered mediation session. Bob's client, the plaintiff in a commercial dispute, sought seven-figure damages arising out of the defendant's "shocking" and "ill-considered" breach of contract.
8 minute read

The Legal Intelligencer

What Neuroscience Can Teach Legal Professionals About Settlement Negotiations

There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
6 minute read

The Legal Intelligencer

Selecting Non-Neutral Arbitrators in a Multiparty Dispute

Arbitrator selection represents one of the most critical acts undertaken by any party to a dispute. After all, the arbitrator is empowered to render an unassailable decision that is rarely subject to appellate review.
7 minute read

Connecticut Law Tribune

Harry Mazadoorian: Forward Progress And Other Lessons From Football

All too often, substantial progress is made during the early or mid-portion of the mediation, only to be pushed back many yards. Then, parties sometimes revert to extreme positions which they had previously abandoned.
4 minute read

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More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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