Category: Mediation Mediator

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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My Contract Requires AAA or JAMS Arbitration. Can I opt out?

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Yes.  Arbitration is a creature of contract.  If your contract requires arbitration, it is most likely enforceable.  However, where both parties recognize that the arbitration clause needs altering, they may do so by entering into an amendment before an arbitrator is appointed.  Once an arbitrator is appointed, the arbitrator must abide by the limitations on their powers contained in the contract.

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Ask for a Break in a Deposition in Nevada and You Waive the Attorney-Client Privilege

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(Discoverability of Conversations During Deposition Breaks)

 

Let’s pretend that your client needs a restroom break during a deposition and there is no question pending (thus, not triggering an In Re Stratosphere Corporation, 182 F.R.D. 614 (D. Nev. 1998) problem).  You and your client requested a break.  Before going back into the deposition, you remind your client about the training you gave him to answer only the question asked and not to volunteer information.  You also tell him to beware if opposing counsel asks questions about that smoking gun document that he pay special attention to the second paragraph.  Under a recent Nevada decision, no privilege would attach to that conversation, meaning your client could and would be forced to divulge the contents of that conversation if the examining attorney is aware of the decision.

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ARM Podcast: What Makes Business Mediation Unique?

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Join ARM Founder Abbas Kazerounian, Esq, as he discusses the unique characteristics of business mediation with ARM Neutrals Jay Young, Esq, and Kristine Kuzemka, Esq.   Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young…

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

Are You Ready For Mediation? 7 Things to Discuss With Your Client

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Readiness Checklist for Mediation Counsel should consider discussing the matters below with their client prior to mediating a litigated matter.  Doing so will better prepare the client and counsel for the mediation itself and will improve the opportunity for resolution at mediation. Explain the Process of Mediation What Is Mediation? What is the Role of…

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Alternative Dispute Resolution Options in Las Vegas, Nevada

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There are many pathways to resolving legal disputes in Nevada other than litigating the matter in court.  Some of those pathways, paradoxically, begin with one of the parties filing a lawsuit in court.  Others are initiated by the parties without going to court.  This article explores the various pathways to Alternative Dispute Resolution (“ADR”), including arbitration and mediation and the rules governing them.

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Litigators, is it Time to Add Video Conference Mediations to Your Practice?

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Last Friday I mediated a matter involving 8 parties, with two attorneys in New York, one in California, and four in Nevada.  Not even one of them came to my office.  We held the entire mediation remotely via video conference.  We held joint sessions with all participants, attorneys-only sessions, and we held caucuses in virtual…

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Readiness Checklist for Mediation: Eight Things You Should Discuss With Your Client Before Mediation

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 Readiness Checklist for Mediation:

Eight Things You Should Discuss With Your Client Before Mediation

The Mediation Process

  • What is mediation and how is it different from court or arbitration?
  • Why should the client consider mediation?
  • What is the mediator’s role?
  • What is the client’s role in mediation?
  • Who may attend the mediation?
  • Confidentiality in mediation
  • Discuss joint and separate sessions (also called caucuses)
  • Discuss whether an apology to or from a party might be appropriate
  • Discuss whether the client will speak directly with the mediator and/or the other party
  • Discuss whether an opening presentation at mediation is desirable or appropriate
  • Are there desirable non-monetary solutions, such as future business or payment in-kind?

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

Model Alternative Dispute Resolution (Arbitration and Mediation) Clauses

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Standard Alternative Dispute Resolution (Arbitration and Mediation) Clauses

I often hear litigators and clients complaining that the process of arbitration is flawed and does not deliver on its aspirations to provide a cheaper, quicker alternative to litigation in court.  My response is that they are not really upset with the process of arbitration or mediation, but with the person who drafted the Alternative Dispute Resolution clause in their contract.  The Arbitrator must administer the arbitration proceed pursuant to how the parties wrote the agreement.  Therefore, as I wrote in this post, if you want a better process, write a better contract.  I have endeavored to provide both my preferred standard ADR clause (with explanations), but also some alternative model arbitration, mediation, and ADR clauses from other trusted sources.  The drafter should determine the process which will best benefit each client and draft the clause accordingly.

The italicized language below explains the rationale behind clauses and why one might choose that clause over another alternative.[1]

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

Mediation FAQ: What Helps To Get The Case Settled?

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What Helps To Get The Case Settled? Everything I have covered in this article is designed to assist you in trying to resolve your dispute.  The more you prepare, the more likely you are to reach a settlement.  Perhaps the most important factor in you being able to settle your case is having a realistic…

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