Rodney L. Lewis | Polsinelli | September 24, 2019 Law and policy Definitions Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’? Alternative dispute resolution (ADR) is a programme that encourages settlements outside the traditional enforcement process. ADR’s purpose is to help parties find mutually satisfactory solutions to their… Continue reading Mediation in USA
Category: Mediation
No. 5 – 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | Bradley Arant Boult Cummings | October 10, 2019 This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it… Continue reading No. 5 – 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?
Joshua Fruchter | Merge Mediation Group | September 4, 2019 Standardized commercial general liability (CGL) insurance policies impose a “duty to defend” that obligates insurers to defend insureds against “suits” seeking damages for claims potentially covered by the policy. The existence of a duty to defend is determined by the allegations in the “suit” filed… Continue reading Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?
What is an Alternative Dispute Resolution?
Bremer Whyte Brown and O’Meara | August 19, 2019 Alternative Dispute Resolution (“ADR”) is a term that refers to a number of processes that can be used to resolve a conflict, dispute, or claim. ADR processes are alternatives to having a court decide the dispute in trial. ADR processes can be used to resolve any… Continue reading What is an Alternative Dispute Resolution?
Mediation of Complex Construction Disputes: Breaking an Impass
Kenneth Gibbs and Lexi Myer | JAMS | July 17, 2019 In the context of mediation, if there is one word that counsel and mediators dread the most, it is “impasse.” Consider the following scenario: In one room, there is a contractor making allegations of delay, disruption and/or acceleration based on differing site conditions, changed… Continue reading Mediation of Complex Construction Disputes: Breaking an Impass