Richard Erickson | Snell & Wilmer When presiding recently as mediator in a multi-party construction dispute, one of the contractor’s representatives asked me during a pre-mediation caucus to identify the one thing I needed from them for the mediation to succeed. I said “come prepared.” By “come prepared,” I meant come prepared to answer every… Continue reading Successful Mediation Often Boils Down to Preparation
Category: Mediation
Mediated Settlement Agreements – Be Prepared . . . In Advance
Michael Kelsheimer | Gray Reed Prepare a draft settlement agreement that suits the case before mediation. Take it with you and use it to make a full and final settlement agreement at the end of mediation. In my early mediations as a young litigator, I used the mediator’s short form to conclude a settlement at… Continue reading Mediated Settlement Agreements – Be Prepared . . . In Advance
Multiparty Mediations: Strategies for Success
Philip Bruner and Leslie King O’Neal | JAMS Construction projects are often complex, involving many parties, materials and systems. Likewise, many construction-related disputes are complex because they involve multiple parties as well as complex technical and legal issues. Mediation is a proven method for resolving all types of construction disputes more quickly and economically, allowing the parties… Continue reading Multiparty Mediations: Strategies for Success
Top-10 Do’s and Don’ts at Mediation
Nikki DeWitt | The CLM Recently, I participated in a panel discussion on mediations that focused on negotiation tactics and conflict resolution. Sitting alongside two current judges and a former judge, we broached the subject of what should be done at mediation, followed by what should not be done at mediation per our collective experience… Continue reading Top-10 Do’s and Don’ts at Mediation
Three Often Overlooked Keys For a Successful Mediation
Frank Shuster | Constangy Brooks Smith & Prophete “Millions for defense, but not one cent for tribute.” That slogan became a rallying cry for Federalists during the XYZ Affair in 1798. Way back then, France and England were at war. What a surprise. The fledgling United States did not want to choose sides in a war… Continue reading Three Often Overlooked Keys For a Successful Mediation