Steven M. Greenspan | FedArb In complex disputes, mediators sometimes fall into the trap of rushing too quickly toward numbers—talking demands, offers, and bottom lines before the mediation has even had a chance to breathe. In my experience, that’s the fastest way to push parties into their corners, where they get entrenched and start treating… Continue reading Anchoring Mediation in the Merits: A Practical Approach for Neutrals
Tag: mediation
The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider
Joseph B. Pereles | JAMS One of the last things any general counsel wants is a notice of a lawsuit against their company. Many thoughts enter your mind, including what’s the lawsuit about? Are we liable? Who are the company’s witnesses? How much will this distract leadership and employees? What are our defenses—and what will… Continue reading The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider
Mediation Aspects of SB940 in California: The Tiers Structure for Mediator Certification
American Arbitration Association Welcome back to Mediation Aspects of SB940 in California, a series providing updates on Business and Professions Code 6173 which created a voluntary certification program for mediators and other alternative dispute resolution (ADR) professionals in California. The new program “aims to promote adherence to ethical standard for ADR services and establish consumer… Continue reading Mediation Aspects of SB940 in California: The Tiers Structure for Mediator Certification
Mediator-and Arbitrator-Retained Experts in Construction or Business Disputes
Sandy M. Kaplan | JAMS When neutrals retain experts in ADR—what works and what to watch for Construction and business disputes often present complex issues that the mediator or arbitrator must understand to help settle the case or reach an informed arbitration decision. In order to help in this process, the neutral may elect to… Continue reading Mediator-and Arbitrator-Retained Experts in Construction or Business Disputes
Court Rules Mediation Clause Lacks Condition Precedent Language: Key Lessons for Construction Contracts
Robert A. Gallagher | Troutman Pepper Locke Eastern District of Pennsylvania Decision Highlights Critical Contract Drafting Issues A recent federal court decision is an important reminder for construction industry professionals about the precise language needed to make mediation a mandatory step before litigation. On November 18, 2025, the U.S. District Court for the Eastern District… Continue reading Court Rules Mediation Clause Lacks Condition Precedent Language: Key Lessons for Construction Contracts