C. Jean Stewart | Holland & Hart LLP | January 19, 2016 A successful mediation requires that the parties feel satisfied both with the process and with the outcome. Several obstacles can interfere with the parties reaching satisfaction on either or both standards. Counsel often contribute to this failure. Here are some tips on avoiding… Continue reading Mediator’s Moment—Obstacles to Successful Mediation
Tag: mediation
Getting Beyond Emotion in Mediation
Tony Lehman | The Dispute Resolver | November 23, 2015 Legal research and scientific research — especially in the psychological realm — overlap from time to time. A recent article in the ABA Journal was titled “Mediators find more tools through neuroscience” discusses how decision making in mediation may not be as logical and rational… Continue reading Getting Beyond Emotion in Mediation
Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Christopher G. Hill | Construction Law Musings | November 18, 2015 I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t have any more praise for the process than I have heaped upon it here at this corner of the construction law “blawgosphere.” Well, just about… Continue reading Another Reason to Love Construction Mediation (Read: Why Mediation Works)
New American Arbitration Association Construction Industry Arbitration Rules in Effect July 1
Kenneth Rubenstein | PretiFlaherty | June 30, 2015 The American Arbitration Association has issued revised Construction Industry Rules and Mediation Procedures, which are intended to provide “a more streamlined, cost-effective and tightly managed process.” Some of the most significant amendments include: A mediation step for all cases with claims of $100,000 or more (with both… Continue reading New American Arbitration Association Construction Industry Arbitration Rules in Effect July 1
Is the Med-Arb Format Right For You?
Nicholas P. Brown | The Dispute Resolver | December 11, 2014 As the cost of litigation has grown and the appetite for its attendant risks declined, owners and contractors have increasingly relied upon mediation and binding arbitration to resolve disputes. One particularly unique dispute resolution format is the combination mediation/arbitration (or “med-arb”) where the same… Continue reading Is the Med-Arb Format Right For You?