David K. Taylor | BuildSmart | July 3, 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 takes more than… Continue reading No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
Category: Mediation
No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | BuildSmart | June 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 takes more than throwing… Continue reading No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
Hey Siri, Why Did You Settle That Case Without Me Signing?
Matthew DeVries | Burr & Forman | June 4, 2019 Although it was a summary order with no precedential effect, the Second Circuit held in In re: Lehman Brothers Holdings, Inc. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties never signed a written agreement. While the case is… Continue reading Hey Siri, Why Did You Settle That Case Without Me Signing?
Court Enforces Contractual Agreement for Mediation Before Filing Lawsuit
Gregory M. Boucher | Construction Industry Counselor | May 24, 2019 Construction contracts often contain agreements requiring mediation before a party may file a lawsuit. However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit. Given that mediation is not binding and does… Continue reading Court Enforces Contractual Agreement for Mediation Before Filing Lawsuit
The Top 10 Horrible, Terrible No Good Mistakes Lawyers Make in Construction Mediations: #10
David Taylor | Bradley Arant Boult Cummings LLP | May 14, 2019 Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence and work that goes into preparing for a… Continue reading The Top 10 Horrible, Terrible No Good Mistakes Lawyers Make in Construction Mediations: #10