Each legal dispute is made up of two "cases": the "emotional case" and the "legal case," and they are usually conflated, resulting in impasse. Most lawyers tend to focus exclusively on the legal case, leaving the unaddressed emotional issues to wreak havoc with meaningful problem-solving.

Mediators are expected to play the role of “Devil’s advocate,” questioning the strength or viability of the various legal arguments being asserted by parties and/or their counsel. In this context, mediators may dive deeply into the law applicable to the underlying dispute (and defenses).The parties may provide sophisticated though conflicting analysis of that law in the mediation briefing and during the session. But what about the law applicable to the mediation itself?

With so many mediation and arbitration related cases being heard and reviewed on both a state and federal level in recent years, panelists Paul Dubow and James (Jim) Madison will provide an analysis and discussion of the most interesting ADR cases decided since January 1, 2022. Don’t miss the first of a biannual series on ADR case law updates presented by the ADR Committee of the Litigation Section!

Learn the latest theories and tools of statutory construction from a judge, law professor, and practitioner. The panelists will explain the framework for statutory interpretation; the role of legislative history in the age of textualism; the federal and state legislative processes, the legislative records that result, and the appropriate use of these records; and what courts want from litigants when it comes to considering legislative history. Great overview for all litigators: trial and appellate, state and federal, civil and criminal.