Joan B. Kessler | JAMS Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions. While the words that are spoken are critical to assessing communication, assessing the meaning of words through evaluating nonverbal gestures and cues, body language and eye… Continue reading The Significance of Nonverbal Communication in Mediation and Arbitration
Category: Mediation
The Future of Mediation by Video Conference
Brian Gaudet | Kilpatrick Townsend & Stockton There are two significant ways in which mediation by video conference will change construction law and both are a function of removing the need to travel. First, video conferencing allows more people to attend a mediation without significantly affecting the cost and trouble of the attendance. Second, mediation… Continue reading The Future of Mediation by Video Conference
Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator
Christopher Massaro and Adam Sklar | Cole Schotz Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed directly to arbitration. Often, however, settlement discussions will ensue during the arbitration as costs begin to mount… Continue reading Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator
Mediating (and Settling) Real Property Cases
Ann T. Marshall | JAMS Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, [1] boundary disputes, unrecorded instruments, probate matters, lien validity, forgeries, mistaken legal descriptions, insurance coverage, the Uniform Commercial Code, and claims… Continue reading Mediating (and Settling) Real Property Cases
Complaint Dismissed for Failure to Mediate First
Stanley A. Martin | Commonsense Construction Law “Mandatory mediation” may seem an oxymoron, since mediation is a process whereby parties seek to resolve their dispute in an elective process. But a federal court judge has held that a contract clause mandating mediation prior to litigation is to be enforced. Thus, a third-party complaint between contracting… Continue reading Complaint Dismissed for Failure to Mediate First