Robert J. Jossen | FebArb It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind the concept of a “mediator’s proposal” and when is it appropriate to be offered by the mediator and… Continue reading The Whys and Hows of a Mediator’s Proposal
Tag: mediation
What I’ve Learned in Complex Construction Cases
Jennifer Grippa | Miles Mediation & Arbitration After 10 years of arbitrating and mediating hundreds of construction disputes, I have learned that no two cases are exactly the same. Projects change, parties change and issues can range from relatively straightforward payment disputes to extraordinarily complicated questions involving design, delay, defects, scheduling and damages. Certain patterns… Continue reading What I’ve Learned in Complex Construction Cases
Think Twice Before Submitting a Confidential Mediation Brief
Matt White | JAMS Why sharing your arguments before mediation can strengthen your position and improve the prospect of settlement We live in a deeply divided world. People struggle to agree on basic facts, such as the effectiveness of vaccines, the outcomes of elections and the role of humans in climate change. But there is… Continue reading Think Twice Before Submitting a Confidential Mediation Brief
Best Practices for Effective Mediation
Mjusa Farmand | Miles Mediation & Arbitration Mediation gives the parties an opportunity to settle their case without having to take a chance on trial. It is not a trial. The mindset for mediation should be settlement. If it doesn’t work out and the case is not settled, then the lawyers for each party can… Continue reading Best Practices for Effective Mediation
When Is a Personal Injury Case Ready for Mediation? Evidence, Credibility and Settlement Strategy
Hon. Thomas Drechsler and Hon. Robert D. Foiles | JAMS In this episode of the JAMS podcast, JAMS neutrals Hon. Robert D. Foiles (Ret.) and Hon. Thomas Drechsler (Ret.) explore how personal injury cases are evaluated, what makes a claim ready for meaningful settlement discussion, and how digital evidence, credibility, and settlement strategy can shape the path to resolution.… Continue reading When Is a Personal Injury Case Ready for Mediation? Evidence, Credibility and Settlement Strategy