Category: Alternative Dispute Resolution

Mediation Tip #21: You Have Two Ears and One Mouth for a Reason

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The post emphasizes the importance of listening in mediation, as highlighted by a grandfather’s advice. Lawyers often become defensive, hindering effective communication. A better approach involves understanding opposing views, acknowledging potential risks in court, and explaining their strategies to clients, thereby promoting informed decision-making and reducing malpractice risks.

Alternative Dispute Resolution, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Las Vegas Nevada Special Master, Mediation Mediator

Mediation Tip #21: You Make the Call

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Give your mediator a call after you send that mediation brief. Think of it as a chance to advocate the strength of your position before the mediation begins. Consider discussing: I often learn more in these calls than I do from the parties’ briefs. They are invaluable and assist in allowing a smooth opening of…

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Alternative Dispute Resolution, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Las Vegas Nevada Special Master, Mediation Mediator

Mediation Tip #19: Be Cautious About Rejecting That Final Offer

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The Randall Kiser Study indicates that rejecting the final mediation offer leads to regret, with plaintiffs faring worse 61% of the time and losing an average of $43,000. Defendants also risk higher costs if trials do not favor their last demand. Settling early can avoid stress and uncertainty, even amid discomfort.

Alternative Dispute Resolution, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Las Vegas Nevada Special Master, Mediation Mediator

Mediation Tip #18: Piggies Get Fat and Hogs Get Slaughtered

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Being the first party to make a monetary demand at mediation can be advantageous because it may serve to anchor (a cognitive bias where an initial offer influences by serving as a reference point around which all parties’ future offers revolve) the parties’ view of the value of the matter. It is natural to make…

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Alternative Dispute Resolution, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Las Vegas Nevada Special Master, Mediation Mediator

Mediation Tip #17: Mediation is not Trial

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For successful mediation, both attorneys and clients must manage their expectations regarding outcomes. Lawyers should avoid expecting a settlement equal to a best-case trial verdict, while clients must understand the mediator does not issue verdicts. Compromise is essential, and being prepared to discuss case strengths and weaknesses can facilitate resolution.

Alternative Dispute Resolution, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Las Vegas Nevada Special Master, Mediation Mediator

Nevada’s Supreme Court Holds a Party may Waive its Statutory ADR Rights

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Michael Kosor, Jr. purchased a home within an HOA that delayed board member elections until 75% of units were sold. He claimed voting rights violations after the threshold was met but did not pursue pre-suit mediation required by NRS 38.310. The court affirmed that the mediation requirement was procedural, not jurisdictional.

Alternative Dispute Resolution, Appellate Practice

NEVADA SHORT TRIAL RULES

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I.  SCOPE OF RULES

      Rule 1.  The short trial program.

      (a)  Purpose.  The purpose of the short trial program is to expedite civil trials through procedures designed to control the length of the trial, including, without limitation, restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence.

      (b)  Availability of program.  The short trial program is mandatory in judicial districts subject to the mandatory arbitration program. In all other judicial districts, establishment of a short trial program is voluntary and the judicial district may adopt local rules implementing all or part of the short trial program.

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Alternative Dispute Resolution, Arbitration Arbitrator, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Mediation Mediator

Nevada Rules of Civil Procedure; Rule 51

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Nevada Rules of Civil Procedure Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error (a)      Requests. (1)    Before or at the Close of the Evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written…

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Alternative Dispute Resolution, Arbitration Arbitrator, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation, Mediation Mediator

NRS 38.259  Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury.

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NRS 38.259  Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury.       1.  If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, the arbitrator or panel of arbitrators shall, in addition to any other written findings of fact or conclusions…

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Alternative Dispute Resolution, Arbitration Arbitrator, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Mediation Mediator

Understanding the Role of a Special Master

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Jay Young, a Special Master based in Las Vegas, Nevada, discusses the expanded role of Special Masters in court proceedings after the 2003 and 2019 legal amendments. His article details the appointment process, various functions, and significance of Special Masters in managing complex litigation. Contact him at armadr.com.

Alternative Dispute Resolution