Blog

Aug 22
2 min

Throw in the Kitchen Sink and Other Uncommon Advice for More Effective Briefs

Does it seem like every guide to effective brief writing repeats the same ideas? “Be succinct, employ simple verbiage, avoid legalisms,”...

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Bridging the Gap via the “Double-Blind Offer Method” in Mediation

masonresolution

Jun 14
4 min

Bridging the Gap via the “Double-Blind Offer Method” in Mediation

In commercial mediation, parties may reach a point at which the gap between the latest offer and demand has narrowed to within a...

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Seasoned Litigator Shares Best Practices

masonresolution

Jan 24
1 min

Seasoned Litigator Shares Best Practices

CLEs for the hands-on litigator: > "Privilege Logs: Law and Practice" > "The Insurer's Right and Duty to Settle Claims" Does your legal...

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Five Key 2022 Coverage Decisions (not Reported in the Leading Insurance Blogs)

masonresolution

Dec 7, 2022
4 min

Five Key 2022 Coverage Decisions (not Reported in the Leading Insurance Blogs)

MasonADR, LLC: Report (December 8, 2022) This is the second annual edition of an update I’ll be sharing each December. The article...

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Mediating the Insurance Coverage Dispute

masonresolution

Aug 20, 2022
11 min

Mediating the Insurance Coverage Dispute

By Richard C. Mason 1. Introduction Proficiency in insurance coverage law and practice is as important to a mediator of coverage...

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Recognize the Signs Your Legal Practice is Exposed to Liability for Aiding and Abetting

masonresolution

Apr 19, 2022
2 min

Recognize the Signs Your Legal Practice is Exposed to Liability for Aiding and Abetting

The frequency of aiding-abetting claims against attorneys related to their clients’ alleged misconduct has risen sharply since 2010. The...

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Seven Risky Mistakes Attorneys Make When Reviewing Insurance Policies

masonresolution

Jan 28, 2022
3 min

Seven Risky Mistakes Attorneys Make When Reviewing Insurance Policies

Even experienced insurance coverage attorneys can make a number of potentially fatal errors when reading insurance policies for the...

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masonresolution

Jan 17, 2022
1 min

Privilege Logs: Law and Practice

How to get yours right while requiring your opponent to do the same. Register at https://masonadr.inreachce.com/ for new CLE by a...

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Allocation Disputes Under D&O Policies: Mediation is Wise Alternative to Litigation Morass

masonresolution

Dec 31, 2021
2 min

Allocation Disputes Under D&O Policies: Mediation is Wise Alternative to Litigation Morass

On December 13, 2021, a federal court handed down yet another decision exemplifying why a commitment to mediation for resolving...

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Five Key 2021 Coverage Decisions (not Reported in the Leading Insurance Blogs)

masonresolution

Dec 1, 2021
4 min

Five Key 2021 Coverage Decisions (not Reported in the Leading Insurance Blogs)

MasonADR, LLC: Report (December 6, 2021) Five Key 2021 Coverage Decisions (not Reported in the Leading Insurance Blogs) This is the...

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masonresolution

May 14, 2021
1 min

Contranyms should (not) be sanctioned

The lawyer is understandably perplexed by a website report stating that a newly enacted statute “sanctions” individuals who wish to sell...

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masonresolution

Apr 30, 2021
1 min

The Measure of Success

I recently ran across a mediation website that boasted of a “success rate” of 95%, meaning that 95% of the cases before that mediator had...

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masonresolution

Apr 14, 2021
1 min

Beware the "50-State Survey"

"50-State Surveys" of the law have a certain allure, yet close analysis too often reveals shortcomings. First, these surveys often...

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masonresolution

Mar 26, 2021
2 min

A World Apart: Reinsurance of Life, Health, and Annuity Risks

Historically, most reinsurance arbitrations have concerned property & casualty claims. Thus, the issues and terminology in life, health,...

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masonresolution

Mar 3, 2021
2 min

Top Ten Causes of Impasses in Insurance Coverage Mediations

The reasons why settlement negotiations sometimes break down or stall are well known, and therefore can be anticipated in advance of any...

27 views0 comments

masonresolution

Feb 15, 2021
3 min

Three Practices Experienced Practitioners Employ When Reading an Insurance Policy

There is a distinction worth recognizing between the mental discipline of reading compared to the legal practice of construing, an...

11 views0 comments

masonresolution

Feb 2, 2021
3 min

Value of the Evaluative Mediator

Most parties to insurance coverage disputes say they prefer to have the option to seek a mediator’s evaluation of the relative merits of...

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Opening Statements in Mediation: Will They Become Extinct?

masonresolution

Jan 25, 2021
3 min

Opening Statements in Mediation: Will They Become Extinct?

When I began participating in mediations thirty years ago, it was customary for the adverse parties to meet, to shake hands (remember...

20 views0 comments

masonresolution

Jan 3, 2021
1 min

Toward More Effective Mediation

Having participated in mediations for thirty years, as mediator or legal counsel, I have of course had a number of unsatisfactory...

21 views0 comments

Bracket Midpoints: Signals but not Promises

masonresolution

Dec 15, 2020
2 min

Bracket Midpoints: Signals but not Promises

A customary presumption in mediation is that a party will not disclose to the mediator the party’s “final number” – that is, the lowest...

124 views0 comments

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