Frank Shuster | Constangy Brooks Smith & Prophete “Millions for defense, but not one cent for tribute.” That slogan became a rallying cry for Federalists during the XYZ Affair in 1798. Way back then, France and England were at war. What a surprise. The fledgling United States did not want to choose sides in a war… Continue reading Three Often Overlooked Keys For a Successful Mediation
Tag: mediation
The Top Ten Most Common Frustrations Of Mediation
Kevin K. Fitzharris | BarrettMcNagny For most litigants, mediation has become their day in court. It’s a big deal! This article explores the top ten most common frustrations associated with mediation and tips on how to avoid them. 1. “We are not scheduling mediation until x happens!” At times, a plaintiff may be hesitant to… Continue reading The Top Ten Most Common Frustrations Of Mediation
Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
David K. Taylor | BuildSmart I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a mediator or arbitrator in construction disputes. To be… Continue reading Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
Mediating Construction Claims In Real-Time
Eric Brodfuehrer | Ankura Consulting Group Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project A Third-Party Neutral During Construction Primer What Is a Third Party Neutral? A Third-Party Neutral, or Project Neutral, is typically understood to be a mediator or arbitrator in legal proceedings… Continue reading Mediating Construction Claims In Real-Time
American Arbitration Association Revises Construction Industry Rules and Mediation Procedures
Dennis Cavanaugh and Larry Grijalva | Construction Law Zone The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation procedures. This update, last revised in 2015, became effective March 1, 2024. Changes to the AAA Construction Industry… Continue reading American Arbitration Association Revises Construction Industry Rules and Mediation Procedures