Dr. Giovanna Del Bene | Thinx Technology is radically transforming many areas of our daily lives, and the legal sector is no exception. Among the most promising innovations in this field stands out the application of artificial intelligence (AI) and predictive justice. AI is not only improving the efficiency of the legal system but also… Continue reading Artificial Intelligence in Mediation: Risks and Opportunities in Dispute Resolution
Tag: mediation
When Mediations Fail, It’s Not Always About the Facts
Hon. Charles Margines | JAMS Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of human nature: lying, bullying, sarcasm, betrayal, etc. Now, with the filing of the complaint,… Continue reading When Mediations Fail, It’s Not Always About the Facts
Why Early Mediations Fail and How to Maximize Their Chances for Success
Rachel A. Gupta | JAMS Many lawyers and litigants have the misconception that the parties do not have enough information to settle early in the litigation (or pre-litigation) and therefore consider mediation only on the eve of summary judgment or trial. As a former commercial litigator, I once shared the misguided idea that for many… Continue reading Why Early Mediations Fail and How to Maximize Their Chances for Success
Multi-Party Construction Mediations and How to Address Them
Gary Snodgrass | Miles Mediation & Arbitration Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several tasks the mediator, or neutral, must perform to help the parties reach resolution. As a mediator of… Continue reading Multi-Party Construction Mediations and How to Address Them
Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes
Stacy L. La Scala | JAMS When preparing for a mediation, counsel often pronounce that joint sessions are, at best, a waste of time. I disagree. My three-plus decades of experience in mediation of commercial and construction disputes have convinced me that a properly managed joint session is an important and valuable first step for an… Continue reading Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes