Robert Alfert, Jr. and Edward R. Philpot | Nelson Mullins Riley & Scarborough LLP | November 2, 2018 “Litigation is a basic legal right guaranteeing every corporation its decade in court.” Attributed to David Porter, Executive Vice President of Microsoft. Most courts and juries are ill-equipped to handle complex business and technical litigation matters, yet most… Continue reading Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts
Category: Mediation
California: What Happens In Mediation Stays (Confidential) In Mediation
Joel P. Kelly and Jessica C. Gregg | California Workplace Law Blog | September 13, 2018 An amendment to Section 1122 of the California Evidence Code on mediation confidentiality requires attorneys representing clients in connection with mediation to provide written disclosures to their clients about mediation confidentiality beginning January 1, 2019. California law and public policy… Continue reading California: What Happens In Mediation Stays (Confidential) In Mediation
The Challenges in Mediating Multi-Defendant Cases
Richard P. Byrne, Esq. | National Arbitration & Mediation | July 2018 One of the challenges a Mediator faces is multi-defendant litigation where the defendants are consumed with the issues among and between each other and are drawn more to in-fighting than in addressing the claims of the plaintiff. This can materialize not only through… Continue reading The Challenges in Mediating Multi-Defendant Cases
Special Issues in Multi-Party Construction Mediations
Thomas I. Elkind, Esq. | Global Construction Solutions | July 3, 2018 Typical construction projects usually involve an owner, an architect, consulting engineers, a general contractor, subcontractors, suppliers, sureties and insurers. These parties may not all have contracts with each other. The owner may have separate contracts with the architect and the general contractor, and… Continue reading Special Issues in Multi-Party Construction Mediations
Washington Legislature to Consider Reforms to Statute Governing Residential Construction Disputes
Grant S. Degginger | Lane Powell PC | January 31, 2018 Efforts are now underway in both houses of the Washington legislature to improve the legal landscape for residential construction defect litigation by adding a mediation option similar to what has been common in commercial and public works contracts. The House Judiciary Committee is considering… Continue reading Washington Legislature to Consider Reforms to Statute Governing Residential Construction Disputes