Amy Dunn Taylor | Framing Issues Part Two of my series on Effective Mediation Techniques for Complex Cases focuses on the timeline and mechanics of such mediations and includes an analysis of in-person vs. Zoom or other virtual platforms for mediations. Timeline for Effective Mediations in Complex Cases I begin with the assumption that the… Continue reading Effective Mediation Techniques for Complex Cases – Part Two
Category: Mediation
Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible
Tod Likman | Colorado Construction Litigation As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day. Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out. The mediator, a retired judge, gently reminds you of his prior… Continue reading Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible
Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution
Brian Gaudet | Kilpatrick Townsend & Stockton An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Alternative dispute resolution in the construction context typically means arbitration and mediation. Dispute review boards and executive negotiations are some others, but those are… Continue reading Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution
Should I Skip an Opening/Joint Session in a Construction Mediation?
Brain Gaudet | Kilpatrick Townsend & Stockton Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement. Let me get this off my chest. Let me explain. You and I need to talk. Let me tell you… Continue reading Should I Skip an Opening/Joint Session in a Construction Mediation?
Effective Mediation Techniques for Complex Cases – Part One
Amy Dunn Taylor | Framing Issues This article launches a five-part series on Effective Mediation Techniques for Complex Cases. However, many of these same tactics can be deployed mediating most any type of case. I define complex cases in a number of ways including the complexity of the legal questions at issue, the stakes involved,… Continue reading Effective Mediation Techniques for Complex Cases – Part One