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Category: Case Management

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Changing the House Odds: Certainty and the Mediation Process

Posted on May 19, 2023

by Andrew Flake

I was in Las Vegas last week, at Caesar's Palace, for a meeting of the ABA's Dispute Resolution section, an annual gathering of mediators, arbitrators, and other dispute-resolution professionals to compare notes on best practices and to take...

Changing the House Odds: Certainty and the Mediation Process Continue reading…

Is Arbitration “Just Like” Litigation? Some Challenges to Conventional Wisdom

Posted on March 29, 2023

by Andrew Flake


I will occasionally hear, including from some very seasoned litigators and trial lawyers, that arbitration is “just like” litigation. Is that really true? I suppose, In the sense that they are both proceedings that...

Is Arbitration “Just Like” Litigation? Some Challenges to Conventional Wisdom Continue reading…

Stops along the Way: When the Mediation Discussion Makes Sense

Posted on February 21, 2023

by Andrew Flake

More than ever, with case dockets overloaded, our trial judges welcome counsel's willingness to mediate. Indeed, much more frequently, I see them ordering parties to mediate, and doing so earlier in the litigation process, as part...

Stops along the Way: When the Mediation Discussion Makes Sense Continue reading…

Abogados and Avocados: Section 1782 Nets Early Access to Corporate Records in Mexican Litigation

Posted on February 8, 2023

by Andrew Flake

Reminding us of why 28 U.S.C. Section 1782 matters in cross-border litigation, the Eleventh Circuit in a just-published decision affirmed the validity of subpoenas directed at a U.S. company for records, not of the U.S. company, but of...

Abogados and Avocados: Section 1782 Nets Early Access to Corporate Records in Mexican Litigation Continue reading…

11th Circuit Uses Trademark Case to Instruct on Summary Judgment Practice

Posted on January 27, 2023

by Andrew Flake

In a trademark case decided just this month, FCOA, LLC v. Foremost Title & Escrow Services LLC, the Eleventh Circuit considered when a case should be decided without a trial, looking at the special case in which...

11th Circuit Uses Trademark Case to Instruct on Summary Judgment Practice Continue reading…

Chat GPT and Litigation Technology, Reprised

Posted on January 11, 2023

by Andrew Flake

When I considered ChatGPT in last week's post, musing about how disruptive this next generation of AI might be for the world of litigation and dispute resolution, I may have understated the...

Chat GPT and Litigation Technology, Reprised Continue reading…

2023: The Arrival of Hands-On AI

Posted on January 1, 2023

by Andrew Flake

You may have read that, at the close of the year, artificial intelligence (AI) hit the mainstream. Open AI released a tool, ChatGPT, with some remarkable capabilities. Among other things, it can generate poetry, essays,...

2023: The Arrival of Hands-On AI Continue reading…

Utilizing the Special Master

Posted on December 21, 2022

by Andrew Flake

We've read recently, in the highly-charged political context of a dispute between the national records administration and the former president, of the role a special master has played. Because how the court-appointed experts fit into litigation is...

Utilizing the Special Master Continue reading…

Early Dispute Resolution (EDR): A Recipe for Success in Commercial Mediation

Posted on November 17, 2022

by Andrew Flake

When it comes to our favorite dishes, while we may not ourselves be chefs, most of us can at least name the key ingredients. A great sirloin is cut just so, perhaps seasoned with salt and pepper...

Early Dispute Resolution (EDR): A Recipe for Success in Commercial Mediation Continue reading…

An Idea Whose Time Has Come? Considering the Role of Settlement Counsel

Posted on November 8, 2022

by Andrew Flake

Invited to an extended family reunion, I visited one of our state parks a few weekends ago. It was a cool and beautiful morning, and for a moment, standing under a bright blue fall sky, taking in the...

An Idea Whose Time Has Come? Considering the Role of Settlement Counsel Continue reading…

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