Tom Oster | Harris Bricken Over the years, “Alternative Dispute Resolution” (ADR) has become more and more prevelant in both contract drafting as well as litigation. Far from being an “alternative,” most disputes at some point will involve some degree of ADR, whether required by contract, by the courts, or driven by the costs of… Continue reading Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal
Tag: mediation
Seven Tips for Mediating Complex Insurance Coverage Disputes
Rosemary Loehr, Andrew Reidy and Joseph Saka | Lowenstien Sandler Mediation can be a viable way to reach a satisfactory settlement on an insurance dispute. When successful, mediation offers a less costly and time-consuming alternative to litigation and often allows for more candor and creativity in crafting a successful resolution. Below are seven tips for… Continue reading Seven Tips for Mediating Complex Insurance Coverage Disputes
How to Pop the (Mediation) Question – a Mediator’s Perspective
Andrew J. Horowitz | HR Legalist You are litigating a case and you want to raise the topic of settlement with the other side. It may be that your client has fatigue from spending money on legal fees and just wants to be done, you don’t like the way the litigation is going, or your… Continue reading How to Pop the (Mediation) Question – a Mediator’s Perspective
The Benefits of Mediating Complex Insurance Claims in a Post-Pandemic World
Mark Plumer | Policyholder Pulse In my December 18, 2017, blog post, I wrote about “choosing the right path” to settle complex insurance claims and emphasized the benefits of private structured negotiation, a type of negotiation undertaken without the assistance of mediators. At that time, I identified mediation as “a good potential next step.” Since 2017, the world… Continue reading The Benefits of Mediating Complex Insurance Claims in a Post-Pandemic World
Mediation 101 – “Help me Help You” Musings of a Mediator and an Attorney
Kent B. Scott, Esq. and Cody W. Wilson, Esq. | Babcock Scott and Babcock Introduction. A construction dispute that began after a cave-in of a large resort roof caused $5,000,000 in damages eventually resulted in a lawsuit naming fifteen parties. The case was in litigation for six years and generated $900,000 in legal fees, due… Continue reading Mediation 101 – “Help me Help You” Musings of a Mediator and an Attorney