Elise Margow’s Post

When parties to a dispute have an ongoing relationship, contentious litigation will serve only to further strain that ongoing relationship. Similarly, in mediation, if lawyers come in guns blazing, it is likely to fuel the fire between the parties and not set the tone for a productive and collaborative dialogue. Attitude is everything. If you want to settle, coming into the mediation with a positive outlook, collaborative demeanor, and open mind will go a long way. #mediation #negotiationskills #mediationadvocacy

When you have a high-value case, you don't want to start off on the wrong foot with a bad jury. Magna Legal Services's jury consultants know what questions to ask in order to de-select some of the worst jurors to get on your panel. Have a trial coming up? Contact me to learn more or to set up a complimentary case consultation! [email protected] | 312-972-0507 #JurySelection #JuryConsulting

For #ThrowbackThursday I'm sharing a slide from a course I co-taught with Judge Michael John Aloi in 2010 at the West Virginia University College of Law. The course was called Interviewing, Negotiating, and Counseling. We focused on three key skills: listening, thinking, and responding. This slide was part of a class where we discussed what happens at meetings with clients during the pendency of their cases. The slide emphasizes the lawyer's duty to the client to provide information about all avenues in resolution, specifically those beyond litigation in the adversary process. (Even today, some lawyers don't suggest early mediation or collaborative resolutions to clients at any stage of the proceeding, unless ordered by the court.) #mediationsavesrelationships #mediation #collaborative #lawyerethics

🎉 Exciting News Alert! 🎉 We're thrilled to share that our Associate, Rachel Mannam, has been published in Chambers and Partners! 🌟 Her latest article delves into the comparison between court proceedings and arbitration, offering valuable insights for navigating legal disputes. Congratulations, Rachel, on this outstanding achievement! #LegalInsights #Arbitration #CourtProceedings #ChambersandPartners Read her insightful piece here: https://lnkd.in/dYipVgHD

What’s the difference between a litigation and an arbitration? Litigations and arbitrations are both methods for settling legal disputes, but they have different rules and procedures. A litigation involves a court proceeding where judges are randomly assigned. Pros: More structured You can appeal the decision Cons: Time-consuming Expensive Enters the public record An arbitration is a voluntary process that involves settling conflicts outside of the court system with an arbitrator chosen by the parties. Pros: Faster Cheaper  Private and confidential Cons: You must stick with the arbitrator’s ruling and can’t appeal All in all: Arbitrations are faster and less costly, yet litigations allow you to appeal a decision. #Lingolearned! #legalplans #voluntarybenefits #memberbenefits #legalplan

Mediation & disciplinary action is always challenging & without the right experience, you can leave your business exposed to legal action. Our team can step in & manage the entire process alongside you. Learn how we supported this client 👇 https://lnkd.in/endZKYd2

Compelled mediation. Isn’t that an oxymoron? No, it’s not. As Gibbons Director and Chair of the #AlternativeDisputeResolution (#ADR) Practice Group, Judge Noel Hillman (ret.), explains in a recently published New York Law Journal article, the #mediation process can benefit your clients regardless of how you get there. Learn how ADR can advance your clients’ interests, whether the matter settles or not. To read the full article, see https://lnkd.in/g87NhMkf

Did you know that, under the Magistrates Court of Victoria scale of costs, "the reasonable costs of a mediation held before the commencement of proceedings may be allowed." This should be encouraging to those who worry that an early mediation may be a waste of money. Even if the mediation does not result in a settlement, you will not only be highly likely to learn something that is helpful in the overall litigation, but you should be able to claim the costs of the mediation at the end of the proceedings. To learn more about how early mediation can assist in reducing the costs of dispute resolution drop me a note so we can have a chat. The coffee's on me. #negotiation #mediation #commercialmediation

Intellectual property disputes are more than a headache: In the worst cases, they represent existential threats to a business’ success. When faced with this type of challenge, the idea of litigation makes matters even worse. That’s why both mediation and arbitration have become popular options for achieving resolution. Learn more: https://bit.ly/3Wy6Xf6

The plaintiff gets double whammied. The defendant won in the trial court (motion to compel arbitration and stay litigation granted) The appellate court reversed. But the defendant still won? Yep, that is the outcome in the Illinois Appellate Court, First District in Tupanjac v. SZ Orland Park, LLC. Relying on both #SCOTUS and Illinois precedent, the court held that where an arbitration clause invoked the Federal Arbitration Act and the plaintiff challenged the entirety of the contract, and not just the agreement to arbitrate, that issue must be decided by the arbitrator, not the court. Accordingly, the court held that the circuit court erred in even addressing the legal questions presented by the plaintiff on the motion for summary judgment and reversed that finding instructing the circuit court to refer the case to arbitration. The decision is linked in the comments along with Episode 214 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #arbitration