Marc Alan Fong | JAMS A mediator’s proposal is essentially a settlement suggestion issued when negotiations reach impasse. The mediator proposes a dollar amount—or a set of terms—and asks each side to accept or reject it confidentially. If both sides accept, the case settles. If either declines, no one learns the other’s decision, preserving leverage… Continue reading Understanding and Presenting a Mediator’s Proposal
Category: Mediation
Mediation and the Dispute Review Board
Adrian L. Bastianelli, III | American Arbitration Association Mediation and the Dispute Review Board (DRB) process are widely used in the construction industry to resolve disputes and avoid costly arbitration or litigation. But can these two methods be used effectively in tandem? And if so, how? That question is the heart of this article. DRBs… Continue reading Mediation and the Dispute Review Board
Multi-Party Mediation: The More Parties the Merrier?
Steven B. Kaplan | American Arbitration Association Anyone who has participated in a multi-party mediation recognizes that there are conflicting dynamics inherent to that process. And when there are multiple and distinct claims involved as well, the endeavor starts to resemble four-dimensional chess. To quote Sherlock Holmes: “The game is on.” But what exactly is… Continue reading Multi-Party Mediation: The More Parties the Merrier?
Making the Case for Standing Construction Mediators on Every Complex Construction Project
Joel Bertet | The Dispute Resolver Construction abandonments of private projects have hit an all-time high. Private developers scrapped more projects in May 2025 than in any other month on record, according to the latest data from Cincinnati based ConstructConnect. The Project Stress Index is a measure of construction projects that have been paused, abandoned,… Continue reading Making the Case for Standing Construction Mediators on Every Complex Construction Project
Early Mediation: Is Your Case a Likely Candidate?
Philip E. Cook | JAMS Many cases can benefit from early mediation. Parties often reject the notion of early mediation because they believe they need more information to resolve the dispute. In some cases, more information is necessary. In other cases, however, parties can assess litigation outcomes—based upon what they know, can reasonably anticipate and… Continue reading Early Mediation: Is Your Case a Likely Candidate?