Christopher G. Hill | Construction Law Musings It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia. Last week I discussed what sort of work can form the basis for a Miller Act claim. This week I am discussing the effect of a mandatory mediation… Continue reading Mediation Clause Can Stay a Miller Act Claim, Just Not Forever
Category: Mediation
The Importance of Adding a Mediation Provision to Representations and Warranties Policies
Peter Rosen | JAMS I recently mediated a dispute involving a claims-made policy with a condition precedent to either side commencing litigation: mediation. Specifically, the policy stated the following: The Insurer and the Insured agree that they will attempt in good faith to negotiate a resolution to any dispute arising out of this Policy. In… Continue reading The Importance of Adding a Mediation Provision to Representations and Warranties Policies
Virtual Hearings and Mediations Are Here to Stay
Patrick J. Mahoney | JAMS As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer. To do so is to ignore the lessons learned while working remotely. Dispute resolution, like almost every aspect of society, changed as a consequence… Continue reading Virtual Hearings and Mediations Are Here to Stay
The New Virtual Mediation Day
Andrew S. Nodolna | JAMS Mediation has always been a process, not just an event. This process includes pre-session submissions to the mediator (and to all parties) and joint and/or individual pre-session calls. Historically, we have focused disproportionate attention on the single day when everybody gets together in the same room. Despite the fact that… Continue reading The New Virtual Mediation Day
Top 10 Things To Like About Virtual Insurance Mediations
Andrew S. Nadolna | JAMS Virtual mediation is the newest tool in the insurance alternative dispute resolution (ADR) toolbox, and it is here to stay. Here are 10 reasons to use virtual mediation for insurance-related matters. 1. Inventory reduction—now Right now, there is a window of opportunity. COVID-19-related insurance cases are arising quickly. They will… Continue reading Top 10 Things To Like About Virtual Insurance Mediations