What Happens in Mediation Stays in Mediation

Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina | November 1, 2016 The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims.  ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct.… Continue reading What Happens in Mediation Stays in Mediation

Women Mediators Fight Stereotypes in Construction Disputes

Samantha Joseph | Daily Business Review | October 6, 2016 Jena Rissman Atlass has spent her career surrounded by men. The Fort Lauderdale attorney and founder of Atlass Dispute Resolution specializes in construction mediation. It’s not unusual, she said, to tour a construction site as the only woman in a group of male clients and… Continue reading Women Mediators Fight Stereotypes in Construction Disputes

Dispute Adjudication Boards: Are they the Future of Dispute Resolution?

Mark Goodrich | White & Case | September 2, 2016 Contractors who are working in international markets will almost certainly have encountered the Dispute Adjudication Board (“DAB”) contained in each of the FIDIC Red, Yellow, Silver and Gold Books. However, they may be left with many questions as to why it exists, what it is supposed… Continue reading Dispute Adjudication Boards: Are they the Future of Dispute Resolution?

Without Insurance Coverage, What Good Is Construction Defect Law?

John Moore | Daily Business Review | August 23, 2016 In 2003, the Florida Legislature, with the stated goals of reducing the amount of construction-defect litigation and protecting the rights of property owners, created a mandatory pre-litigation alternative dispute resolution proceeding by enacting Chapter 558 of the Florida statutes. Pursuant to Chapter 558, before a… Continue reading Without Insurance Coverage, What Good Is Construction Defect Law?

The Use of Mediation for Construction Accidents

Ronald Sherr | The Legal Intelligencer | August 12, 2016 The percentage of plaintiffs’ verdicts in Philadelphia Common Pleas Courts has decreased dramatically in 2015. It is most noticeable in construction cases. Construction cases are complex, costly and tough to win in jury trials. They usually involve multiple defendants in different disciplines and require expert… Continue reading The Use of Mediation for Construction Accidents