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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Tag Archives: Mediation

Don’t Let Your Guard Down After Reaching an “Agreement in Principle”

Posted in Arbitration and Mediation, Contracts, Settlements and Releases

It’s human nature to engage in an emotional exhale after reaching an agreement in principle to settle a long-standing or hard-fought dispute. While doing so is all well and good, it is critical that you don’t let that deter you from exercising extreme focus on documenting that settlement in a carefully crafted agreement. Indeed, as… Continue Reading

Tips To Ensure Recovery of “Prevailing Party” Legal Fees

Posted in Contracts, Pre-Litigation Considerations

While it may not be standard practice when drafting contracts to include a clause stating that “if litigation between the parties ensues the prevailing party will recover its legal fees,” such provisions do appear in a variety of contracts from time to time. A recent First Circuit opinion, Thompson v. Cloud, involves such a clause… Continue Reading

Mediation 301: When to Mediate

Posted in Arbitration and Mediation

After having read Mediation 101 and Mediation 201, you should have a solid understanding of what mediation is and how it works.  Now, let’s discuss when it makes sense to mediate. While different types of cases get resolved through mediation every day, mediation is not likely to be successful in every case.  As a general… Continue Reading