Stacy L. La Scala | JAMS When preparing for a mediation, counsel often pronounce that joint sessions are, at best, a waste of time. I disagree. My three-plus decades of experience in mediation of commercial and construction disputes have convinced me that a properly managed joint session is an important and valuable first step for an… Continue reading Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes
Category: Mediation
Can Parties Be Required To Mediate Before Proceeding To Arbitration?
John M. Townsend, James H. Boyking, Sebastian Bonnard, Malik Havalic, Tamara Kraljic, Shayda Vance, Eleanor Erney, Gaela Gehring Flores, Remy Gerbay, Abigail McDonagh, and Diego Duran De La Vega | Hughes, Hubbard & Reed Mediation and arbitration are both common dispute resolution methods, and both can lead to effective outcomes. Many contracts include provisions that require… Continue reading Can Parties Be Required To Mediate Before Proceeding To Arbitration?
Successful Mediation Often Boils Down to Preparation
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
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