Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid

David S. Ross, Esq. | JAMS Rule number one in any mediation? Don’t tick off the mediator. First and foremost, effective mediation advocates collaborate with their mediators to prioritize and advance their client’s interests. Mediators help people resolve disputes that they can’t resolve themselves, organizing and managing a negotiation process that usually results in a settlement or deal.… Continue reading Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid

Addressing Confirmation Bias in Mediation

Patricia H. Thompson | Forum on Construction Law Confirmation bias is the innate human tendency to look for and interpret information consistent with one’s existing beliefs and to ignore inconsistent information, even if that information is demonstrably true. A trial witness’ devastating demonstration of confirmation bias is the climax of the recent, popular HBO mini-series, The… Continue reading Addressing Confirmation Bias in Mediation

Virtual Mediation – How Do I Make It Work For Me

Adrian L. Bastianelli, III and Jennifer Harris | Peckar & Abramson Mediation took the construction industry by storm in the late 1980’s and has become a staple for resolving construction claims. Today, most construction contracts, including the ConsensusDocs, require mediation as a condition precedent to binding dispute resolution, whether it be arbitration or litigation. As… Continue reading Virtual Mediation – How Do I Make It Work For Me

Mediation – Best Practices

Kent B. Scott | Babcock, Scott & Babcock Corporate counsel, as well as outside trial counsel, have increasingly embraced mediation to resolve disputes.  Many companies now incorporate mediation as part of their standard policies, procedures and documentation.  Many court rules require mediation or some form of alternative dispute resolution before a case goes to trial. … Continue reading Mediation – Best Practices

Mediation: Investing in the Solution

Kent B. Scott | Babcock Scott & Babcock Mediation is an effective alternative dispute resolution method that empowers the parties to resolve their dispute while preserving their resources in terms of time, money and effort.  Mediation is a dispute resolution process where the opposing parties meet with a neutral third party to find a better… Continue reading Mediation: Investing in the Solution

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