A valuable preparation option for any high-stakes arbitration is the mock arbitration, which serves many of the same purposes as mock trials and jury research for court cases. Mock arbitrations serve to: Identify strengths and weaknesses in a party’s case and arguments; Show where and how case presentation and cross examination can be improved; Help… Read more »
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Ten Ways To Know When To Undertake Mediation
Practitioners often wrestle with the question “when is the best time to undertake mediation of a dispute?” Is it before litigation has ensued although the controversy has arisen? Is it at the outset of the litigation once the complaint has been filed? Is it only after there has been some discovery, an exchange of documents… Read more »
How to Avoid and Break Mediation Impasse
The very reason for mediation is that the parties are in dispute, whether it a broken business contract, frustrated joint venture partners, a terminated executive, a securities class action, insurance counterparties or mass tort claims. My job as a mediator is to search for and bring the parties to a solution. Everything I do from… Read more »
What Panama Canal Award Ruling Means For Int’l Arbitration
The Aug. 18 Grupo Unidos por el Canal SA v. Autoridad del Canal de Panamá decision by the U.S. Court of Appeals for the Eleventh Circuit is an important decision for international arbitrators and practitioners in several respects, including some unusual procedural twists and a surprising substantive conclusion that should not go unnoticed. The ruling… Read more »
Don’t Ignore the Benefits of Joint Sessions in Mediation
Joint Sessions Are Valuable; How to Conduct Them Many mediators and counsel discourage the use of joint sessions in mediation. Counsel often believe that having the parties together in the same room (either physically or virtually) will exacerbate the tensions already present in the litigation and hinder resolution. Mediators often believe, with some justification, that… Read more »
Arbitrator Selection Is a Key Component of the Arbitration Process
Arbitrator selection is a critical component of every arbitration proceeding given that the selection will determine who will adjudicate the dispute. Commercial arbitration is a creature of contract. The parties in their contract provide for the governing arbitral organization and rules, if any, and how the arbitrator or arbitrators are to be selected. The parties,… Read more »
Merger Guidelines Should Provide For Competition Trustees
On July 19, the Department of Justice and Federal Trade Commission announced proposed revised merger guidelines. Immediately, negative critique appeared in the legal and business press, despite the fact that it is highly unlikely these draft guidelines will be substantively changed for political reasons. The proposed guidelines list 13 factors that alone or in combination… Read more »
Former Arizona chief justice to mediate between California and tribes
The tribes claim Gov. Gavin Newson violated the Indian Gaming Regulatory Act in negotiations over reviewing their casino gaming compacts. Four tribes and the state of California have agreed to allow former Arizona Chief Justice W. Scott Bales to mediate their long-running disputes over renewing gaming compacts. Bales served two years as Arizona’s solicitor general… Read more »
A Breakdown of the Latest Proposed SEC Cyber Regulations
Contact the author As many readers may know, the SEC has been engaged in rule-making on various cybersecurity issues intended to modernize its existing regulations and keep in line with emerging privacy and data security risks and norms. If adopted, it is likely that recently-covered entities will materially increase the compliance burdens on SEC-regulated entities… Read more »