Strategies, Challenges, and Answers

Court Annexed Arbitration vs. Court Annexed Mediation

Civil practitioners in Clark and Washoe counties are familiar with the Nevada Mandatory Court Annexed Arbitration Program.   We know that unless exempt, cases of a value of $50,000 or less are required to go through the mandatory arbitration program before they can proceed to a trial.  Nev. Arb. R. 1.  The idea behind the program is to provide a simplified procedure for obtaining a prompt and equitable resolution of certain civil matters.  Nev. Arb. R. 2.   But did you know that there is an … [Read more...]

Revisiting The Policy Of Adjudication Of Disputes On The Merits Under The “Moon” Case: Turning A New Leaf Or Making An Exception?

Nevada courts regularly say that they favor adjudication of disputes on the merits of the claim and not some resolution based on a technical failure by a party or his/her attorney.  See Young v. Johnny Ribeiro Building,.106 Nev. 88, 92, 787 P.2d 777 (1990).  While there are a few exceptions to that general rule [click HERE], this policy of adjudication on the merits gives most claimants the opportunity to pursue almost any potentially viable cause of action all the way to trial.  This … [Read more...]