Diaz Reus – December 18, 2013 The benefits to mediation over litigation are substantial: it’s ultimately less expensive than proceeding to trial; it saves time; and it avoids the hidden costs of litigation, which often include reduced productivity and, likely, profitability. Moreover, it is usually a court ordered requirement prior to proceeding to trial. Mediation… Continue reading Can’t We All Just Get Along?
Tag: mediation
OSHA Announces Alternative Dispute Resolution Pilot Program
Edwin G. Foulke, Jr. – October 17, 2013 As apart of its enhanced whistleblower focus, the Occupational Safety and Health Administration (OSHA) is launching an alternative dispute resolution (ADR) pilot program for complaints filed with OSHA’s Whistleblower Protection Program. OSHA’s ADR program is intended to assist complainants and employers in resolving their disputes in a… Continue reading OSHA Announces Alternative Dispute Resolution Pilot Program
Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Stanley A. Martin – September 9, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In… Continue reading Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
New Jersey Mediation Settlements Must Be Reduced to Writing
Robert Trautman – September 8, 2013 Most people battling their insurance carrier over Hurricane Sandy claims have received a notice that they are entitled to participate in a nonbinding mediation process set up by the Department of Banking and Insurance. A recent New Jersey Supreme Court ruling mandates that any settlement reached in this or… Continue reading New Jersey Mediation Settlements Must Be Reduced to Writing
Florida’s DFS Mediation Program Needs Help
Nicole Vinson – August 10, 2013 Floridians with residential property damage claims have a right to demand participation in the state mediation program if they have a dispute with their insurance company, but are disputes really getting resolved in these non-binding mediations? The Department of Consumer Services, a section of the Department of Financial Services,… Continue reading Florida’s DFS Mediation Program Needs Help