Filtered by Tag: alternative dispute resolution

Mediation: Day Two

Although mediation is generally considered to be less expensive than a full trial, this assumes the mediation is successful. An unsuccessful mediation can be costly and still fail to save any litigation costs. In a mediation, the parties pay for the mediator’s time in reviewing statements, preparing for the mediation, and attending it. Parties also need to calculate their own lost time and pay for the costs of their attorneys to draft the mediation statements and attend the mediation. Accordingly, for litigants on a budget, mediation has definite costs but uncertain benefits.

Mediation

Although mediation is generally considered to be less expensive than litigation, this assumes that the mediation is successful. An unsuccessful mediation can be pretty costly and then fail to save any litigation costs. Mediation can be expensive because the parties often need to pay for the mediator’s time in reviewing the mediation statements, preparing for the mediation, and attending the mediation. And parties also need to pay for the costs of their attorneys to draft the mediation statements, and prepare and attend the mediation.

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Comments on Recent Cases: March 2026

People are understandably upset when others say false things about them, and they may consider defamation litigation. When false statements arise in a public process, such as in city records or in court, the lies may do more damage than they would have in a less official forum. The subject of those statements may therefore feel a greater desire to sue. But common-interest privilege protects certain types of statements.
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Comments on Recent Cases: February 2026

When a court orders someone to appear for a deposition, the person must appear or get another court order to the contrary. The penalty for disobeying the order to appear, however, can vary. For witnesses who decline to appear, the penalty may be monetary. For parties to the lawsuit, the court may rule the person who failed to appear must lose, but that is not always the case.
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Comments on Recent Cases: January 2026

It is important for defendants in litigation to promptly respond to a complaint. If they do not, a plaintiff may obtain a default judgment against them. But courts still apply strict rules to plaintiffs seeking default judgments.
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Comments on Recent Cases: December 2025

To prevail in litigation, it is not enough that someone did something wrong. A plaintiff needs to sue the correct defendant, usually the one responsible for the wrongful action. Sometimes, however, plaintiffs sue someone who did not do the wrong thing, and claim this defendant “aided and abetted” the wrongful actor.
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Comments on Recent Cases: November 2025

When parties agree to arbitration instead of litigation, courts will defer to an arbitrator to make most of the rulings in a case. And while an arbitrator may decide whether the case before her is the kind of case the parties agreed to arbitrate, a court may still decide if any valid arbitration agreement exists.
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More Thoughts on Settlement Agreements

A defendant may be concerned that someone may argue that the plaintiff’s allegations must be true since the defendant agreed to pay money. This is why many settlement agreements contain a statement that the defendant is not admitting liability, but is only settling with the plaintiff to avoid further litigation.
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Trusts and Estates Litigation

Many people write a will before they die (few after) that identifies who should receive their property after they are gone. An executor may read these instructions and then distribute property accordingly. Sometimes heirs fight and claim that the executor is not interpreting the will correctly or following its instructions. … Some people want to avoid having a will and, instead, set up a trust. There are many benefits to a trust. It could have better tax consequences. It can avoid procedures in court since the trust holds property and, after the decedent dies, the property stays in the possession of the trust and does not need to be distributed. And it can allow for long-term actions under the guidance of a trustee, as opposed to one big distribution upon a decedent's death.
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More Thoughts on Direct Examination

People often craft a direct examination as if it were just a script on a page. They forget that these questions and answers are a conversation in a courtroom. As a result, those direct examinations sound awkward, repetitive, dull. Better lawyers picture how the examination will play out in court.
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Construction Litigation

Often, construction projects run over budget and there are shortfalls. At the scale of a large project, these shortfalls can be huge, leading a development company created for that project to declare bankruptcy. In those cases, litigation helps assign blame. The court can determine where the funds will come from to get people paid while attempting to put the property into the hands of someone who can afford to finish developing it.
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Mediation: Day Two

Although mediation is generally considered to be less expensive than a full trial, this assumes the mediation is successful. An unsuccessful mediation can be costly and still fail to save any litigation costs. In a mediation, the parties pay for the mediator’s time in reviewing statements, preparing for the mediation, and attending it. Parties also need to calculate their own lost time and pay for the costs of their attorneys to draft the mediation statements and attend the mediation. Accordingly, for litigants on a budget, mediation has definite costs but uncertain benefits.
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Litigation in Seychelles

As English French and Creole are all national languages of Seychelles, legal proceedings could include any one of them. However, English is the language used in court. So if a witness speaks Creole or French, they will be provided an English-language interpreter for the court record.
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Litigation in Lithuania

Lithuania’s private law has been a mixture of rules from Germany, France, and Netherlands. In 2004 when Lithuania joined the EU, they not only adopted the regulations that apply to all member states, but they amended other national laws to align with European principles. Today, Lithuanian commercial law is European and modern.
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Litigation in Lebanon

Lebanon has a first instance court, which is like a county court in the United States. After that, a party can appeal to an appeal court, an after that there is the Cassation court, which is derived from the French court system. That court only hears cases, though, when the appeals court judges disagree or when there was an error at the appeals court.
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Litigation in Liechtenstein

Liechtenstein has enforcement agreements only with Austria and Switzerland, except in arbitration matters where it has joined an international enforcement convention. In civil proceedings without arbitration, it may therefore be necessary to re-litigate the case entirely in Liechtenstein.
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International Arbitration

There are a few cases of procedures for the independent production of evidence to be used in a forthcoming arbitration, which are not usual in a civil law jurisdiction. Documentary evidence is filed in the case docket. In case the tribunal grants document production, depending on what's produced, it's for the tribunal's eyes only, it's blackmarked, or it’s filed for all access.
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