Mediation
Three Things to Know About Mediating Licensing Disputes
May 22, 2013
The number of IP disputes resolved in mediation has continued to increase as attorneys make efforts to find speedy resolutions and cut litigation time and cost for their clients. Only a small percentage of costly patent infringement cases actually go to trial; approximately 90 percent of them are settled. Business people and their counsel recognize that mediation is a cost-effective, low-risk process with a remarkably high success rate when conducted by an experienced mediator. In mediation,...
May 22, 2013
The number of IP disputes resolved in mediation has continued to increase as attorneys make efforts to find speedy resolutions and cut litigation time and cost for their clients. Only a small percentage of costly patent infringement cases actually go to trial; approximately 90 percent of them are settled. Business people and their counsel recognize that mediation is a cost-effective, low-risk process with a remarkably high success rate when conducted by an experienced mediator. In mediation,...
Recalled Hip Lawsuit Headed to Mediation
May 2, 2013
Stryker Orthopaedics and some of the 133 people suing the company will attempt to settle claims related to the Mahwah company's recalled hip implants through mediation. Each side will pick five cases for mediation, said Ellen Renkin, an attorney for Weitz and Luxenberg, a law firm representing several of the plaintiffs. If that goes well, more of the cases may take the mediation route. Earlier this month, Judge Brian R. Martinotti ordered both sides to pick a panel of six third-party mediators....
May 2, 2013
Stryker Orthopaedics and some of the 133 people suing the company will attempt to settle claims related to the Mahwah company's recalled hip implants through mediation. Each side will pick five cases for mediation, said Ellen Renkin, an attorney for Weitz and Luxenberg, a law firm representing several of the plaintiffs. If that goes well, more of the cases may take the mediation route. Earlier this month, Judge Brian R. Martinotti ordered both sides to pick a panel of six third-party mediators....
What Judges Write When They Write About Mediation
April 3, 2013
Professor Jennifer W. Reynolds of the University of Oregon School of Law has published a thoughtful article entitled Judicial Reviews: What Judges Write When They Write About Mediation, Penn State Yearbook on Arbitration & Mediation, Vol. 5, 2013. In her publication, Professor Wilson discusses the role of mediation in the legal system from a judge’s perspective. Here is the abstract: Judges are uniquely positioned to comment on the phenomenon of court-connected mediation. Judges design...
April 3, 2013
Professor Jennifer W. Reynolds of the University of Oregon School of Law has published a thoughtful article entitled Judicial Reviews: What Judges Write When They Write About Mediation, Penn State Yearbook on Arbitration & Mediation, Vol. 5, 2013. In her publication, Professor Wilson discusses the role of mediation in the legal system from a judge’s perspective. Here is the abstract: Judges are uniquely positioned to comment on the phenomenon of court-connected mediation. Judges design...
SIDEBAR: Mediation
March 26, 2013
I’ve been lucky all my life. Well, mostly. I was born after the Greatest Generation conquered the Depression and Hitler, and I grew up, at least in my sliver of Brooklyn, in an era of relative peace and prosperity. When I started practicing in the late seventies, the legal profession was exciting and expanding, plenty of jobs, trials galore. The future was promising, enticing. If I did what I was taught—work like an ox, be respectful, don’t complain—success...
March 26, 2013
I’ve been lucky all my life. Well, mostly. I was born after the Greatest Generation conquered the Depression and Hitler, and I grew up, at least in my sliver of Brooklyn, in an era of relative peace and prosperity. When I started practicing in the late seventies, the legal profession was exciting and expanding, plenty of jobs, trials galore. The future was promising, enticing. If I did what I was taught—work like an ox, be respectful, don’t complain—success...
Confidentiality in Mediation: How Broad?
March 2, 2013
One doesn’t ordinarily look to California for exceptions to the broad scope of mediator confidentiality, but inNeighborhood Assistance Corporation v. First One Lending Corporation (C.D. Cal. Jan. 29, 2013) we have one. The claim alleged violations of the Lanham Act by the defendant corporation, which was alleged to have misrepresented its affiliation with plaintiff and damaged both plaintiff and its clients. An issue arose as to the relationship of an individual defendant, Vescera, to the corporate...
March 2, 2013
One doesn’t ordinarily look to California for exceptions to the broad scope of mediator confidentiality, but inNeighborhood Assistance Corporation v. First One Lending Corporation (C.D. Cal. Jan. 29, 2013) we have one. The claim alleged violations of the Lanham Act by the defendant corporation, which was alleged to have misrepresented its affiliation with plaintiff and damaged both plaintiff and its clients. An issue arose as to the relationship of an individual defendant, Vescera, to the corporate...
Mediation's Place: Picture It Settled
January 28, 2013
Mediation's Place: Picture It Settled http://goo.gl/Kg3hd
January 28, 2013
Mediation's Place: Picture It Settled http://goo.gl/Kg3hd
ADR Prof Blog: FINRA Dispute Resolution Pilots Telephonic Mediation for Small Claims
January 25, 2013
ADR Prof Blog: FINRA Dispute Resolution Pilots Telephonic Mediation for Small Claims http://goo.gl/2yvgV
January 25, 2013
ADR Prof Blog: FINRA Dispute Resolution Pilots Telephonic Mediation for Small Claims http://goo.gl/2yvgV
IAM Newsletter: Maryland Updates Rules for Court-Referred Mediation
January 23, 2013
IAM Newsletter: Maryland Updates Rules for Court-Referred Mediation http://goo.gl/otzt8
January 23, 2013
IAM Newsletter: Maryland Updates Rules for Court-Referred Mediation http://goo.gl/otzt8
Modria: Developments in Mediation Around the World
January 18, 2013
Modria: Developments in Mediation Around the World http://goo.gl/o1grt
January 18, 2013
Modria: Developments in Mediation Around the World http://goo.gl/o1grt
PGP Mediation: Meeting Needs and Interests
January 18, 2013
PGP Mediation: Meeting Needs and Interests http://goo.gl/y6Q2i
January 18, 2013
PGP Mediation: Meeting Needs and Interests http://goo.gl/y6Q2i
