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
Category: Mediation
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
Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts
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
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