Scholze ADR LLC

06/02/2022

Please join us on June 28th!

05/19/2022

Mediation is a good choice for healthcare disputes. Industry participants should take this opportunity—when resources are stretched—to incorporate mediation into (1) internal dispute resolution policies & (2) contracts w/industry participants

Mediation is an important tool for resolving disputes in the healthcare industry. Disputes can arise in the healthcare industry between providers and insurance companies, providers and patients, and among providers, administrators, and hospital and health care systems. The COVID-19 pandemic has plac...

05/19/2022

Chief Judge DiFiore noted that “[t]here is no question in our minds that ADR will play a very significant role in our ability to efficiently process our dockets and reduce our pandemic-related backlogs," and she emphasized that the state court system is "following through on our commitment to presumptive early ADR and making a concerted push to expand ADR services in our civil and family courts all across the state." She forecast that ADR and mediation will expand to become "a mainstay of the civil justice process in our state.”

Chief Judge Janet DiFiore of the New York Court of Appeals and of the State of New York identified ADR, and specifically mediation, as an important tool in reducing COVID-19 pandemic backups in the state court system (https://www.nycourts.gov/whatsnew/pdf/Apr25-CJ-Message2022.pdf). According to Chie...

05/19/2022

Litigation is inadequate to solve the problems businesses face in the twenty-first century. It robs litigants of control, imposes excessive costs in both time and money, and provides unpredictable results.
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In mediation, you can be creative. You can think outside the box and create a solution that would not be available to you in a court proceeding. You can obtain a durable and final result quickly, cheaply, and with maximum input and complete veto power.

Litigation is inadequate to solve the problems businesses face in the twenty-first century. It robs litigants of control, imposes excessive costs in both time and money, and provides unpredictable results. In court, a litigant has limited control over what remedies a judge might design. Judges often...

05/19/2022

In late 2018, the United Nations General Assembly recognized “the value of mediation as a method of amicably settling disputes arising in the context of international commercial relations.” The resulting United Nations (UN) Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), which entered into force in February 2020, provides a mechanism for enforcing a mediation settlement agreement in courts of signatory states. The Convention enables parties to a qualifying mediation settlement agreement the ability (1) to enforce that agreement in courts in the member states, and (2) to invoke that agreement to confirm that an issue covered by it was previously resolved.

Prior to the Singapore Convention, a party outside the European Union would not be able to enforce a mediation settlement agreement without either (a) taking steps to convert it into an arbitral award, or (b) obtaining a breach of contract judgment for violation of the mediation settlement agreement. The purpose of the Singapore Convention is to remove those undertakings and instead to provide a streamlined enforcement mechanism. This simplification and streamlining makes mediation an attractive option for resolving cross-border commercial disputes quickly, confidentially, and creatively.
https://www.scholzeadr.com/post/mediation-is-a-good-choice-for-cross-border-commercial-disputes

Mediation is an important tool for resolving disputes in the healthcare industry. Disputes can arise in the healthcare industry between providers and insurance companies, providers and patients, and among providers, administrators, and hospital and health care systems. The COVID-19 pandemic has plac...