Amy Dunn Taylor | Framing Issues This article launches a five-part series on Effective Mediation Techniques for Complex Cases. However, many of these same tactics can be deployed mediating most any type of case. I define complex cases in a number of ways including the complexity of the legal questions at issue, the stakes involved,… Continue reading Effective Mediation Techniques for Complex Cases – Part One
Tag: mediation
Neutral Evaluation Mediation Agreements
Patricia H. Thompson, Esq. | Forum on Construction Law Often parties select a mediator with deep knowledge of the subject matter in dispute, only to conclude that the typical mediation format does not afford them the best use of the mediator’s expertise. As an alternative, in the right case, neutral evaluation may be exactly what… Continue reading Neutral Evaluation Mediation Agreements
Important Changes to International Arbitration Procedures
Carly Miller and Katherine H. Blankenship | Buildsmart To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute… Continue reading Important Changes to International Arbitration Procedures
When Mediating in Colorado, Sign a Settlement Memorandum During the Mediation
Daniel E. Evans and Colleen M. Kwiatkowski | Gordon Rees Scully Mansukhani In Tuscany Custom Homes, LLC v. John B. Westover, et al., No. 2020CA1724, the Colorado Court of Appeals held that post-mediation communications from a mediator memorializing the parties’ agreement reached during mediation (but not executed by the parties) and an unsigned settlement agreement formalizing… Continue reading When Mediating in Colorado, Sign a Settlement Memorandum During the Mediation
Strategic Tips That Parties Should Consider When Mediating Disputes
Sean Gay | Ahead of Schedule Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration — a proceeding like a trial — mediation does not result in a final binding decision. And… Continue reading Strategic Tips That Parties Should Consider When Mediating Disputes