Jack Rosati, Jr. | Bricker & Eckler LLP | February 12, 2016 Risk is the fertile soil upon which compromise grows. In order to most effectively mediate a construction matter, the mediator must be able to convince the parties of their risk, both with regard to the outcome at trial and with regard to the costs… Continue reading Mediation in Construction Disputes: Building Bridges
Category: Dispute Resolution
How to Contain Construction Disputes
John Cooper | Jones Day | December 28, 2015 Imagine if, when a dispute involving defective design or defective construction first arose, it could be dealt with in a safe environment so that the defects could be remedied and the possible impacts of them limited, reduced or avoided? There is no reason why this… Continue reading How to Contain Construction Disputes
Courts are for Coverage; Appraisals are for Amount
Katelyn Mae Desrosiers | Butler Weihmuller Katz Craig LLP | December 10, 2015 When insurers dispute coverage, rather than the amount of loss, a court is the appropriate decision maker to resolve the coverage issue. However, when an insurer finds coverage, but disputes the amount of loss, appraisal is the appropriate venue to determine a… Continue reading Courts are for Coverage; Appraisals are for Amount
Avoiding Gamesmanship in Appointing Appraisal Umpires
G. Brian Odom | Zelle Hofmann | November 24, 2015 Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered an efficient means of resolving insurance claims is now… Continue reading Avoiding Gamesmanship in Appointing Appraisal Umpires
Getting Beyond Emotion in Mediation
Tony Lehman | The Dispute Resolver | November 23, 2015 Legal research and scientific research — especially in the psychological realm — overlap from time to time. A recent article in the ABA Journal was titled “Mediators find more tools through neuroscience” discusses how decision making in mediation may not be as logical and rational… Continue reading Getting Beyond Emotion in Mediation