September 9, 2019

Is Your Pre-Litigation Mediation Clause Well-Drafted? A Cautionary Tale from California

Josh Fruchter
The popularity of pre-litigation mediation clauses continues to grow. Such clauses are appealing because they provide parties with a window of opportunity to settle a dispute before becoming embroiled in litigation and incurring all of the attendant costs. Such opportunities are especially valuable where a dispute arises out of an..
Read More
September 3, 2019

When Pre-Litigation Mediation Fails Does it Become a Race to the Courthouse?

Josh Fruchter
We hope all of our readers have had an enjoyable summer, and relaxing Labor Day weekend. Alas, the wheels of justice ground well into August, and courts have continued to issue interesting mediation-related decisions. We have previously written (here and here) about decisions addressing dispute resolution clauses that obligate parties..
Read More
July 11, 2019

Should Fee Shifting Provisions Condition Recovery of Attorneys’ Fees on Participation in Mediation Before a Lawsuit is Filed?

Josh Fruchter
To deter parties from taking frivolous positions in connection with contractual relationships, agreements often contain fee shifting provisions that entitle a prevailing party to recover reasonable attorneys’ fees in any litigation arising under the agreement. The downside of fee shifting provisions, of course, is that they may deter parties from..
Read More
Tags:
June 27, 2019

New Jersey Court Enforces Agreement to Mediate Workplace Disputes

Josh Fruchter
There are many benefits to resolving workplace disputes through mediation, including controlling legal expenses, avoiding adverse publicity, and maintaining employee morale. To realize these and other benefits of workplace mediation, many companies ask new employees to sign agreements to mediate and/or arbitrate any workplace disputes that may arise after employment..
Read More