Hon. Thomas Drechsler and Hon. Robert D. Foiles | JAMS A personal injury lawyer may be ready to make a settlement demand before the other side is ready to evaluate it. That gap can determine whether an early mediation produces meaningful negotiations or becomes a meeting about information still missing from the file. In a… Continue reading How to Prepare a Personal Injury Case for Mediation
Category: Mediation
Classic Mediators’ Proposals Are Alive and Well
American Arbitration Association The ABA’s recent Ethics Opinion No. 518 has sparked a discussion about how, if at all, it may restrict the use of mediators’ proposals. My estimable colleague Jeff Kichaven has argued that the Opinion, and other ethical rules or standards, prohibit all but one form of a mediator’s proposal.[1] Because I fear… Continue reading Classic Mediators’ Proposals Are Alive and Well
How Mediation Is Evolving in Construction Disputes
American Arbitration Association Construction mediation is becoming more strategic, structured, and hands-on. As disputes grow more complex, parties are using mediation not only to settle cases, but also to exchange information, assess risk, and keep projects or business relationships moving. At the 2026 American Arbitration Association® (AAA®) Construction Conference, “Building Resilience: The Future of Construction… Continue reading How Mediation Is Evolving in Construction Disputes
Why Mediations Fall Apart at the Finish Line and How to Keep a Settlement on Track
American Arbitration Association Reaching the final stages of mediation can feel like the hard part is over. The parties have spent hours — sometimes days — exchanging proposals, reassessing their positions, and moving toward common ground. A settlement appears within reach. But getting close to an agreement and successfully closing one are not the same… Continue reading Why Mediations Fall Apart at the Finish Line and How to Keep a Settlement on Track
The Whys and Hows of a Mediator’s Proposal
Robert J. Jossen | FebArb It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind the concept of a “mediator’s proposal” and when is it appropriate to be offered by the mediator and… Continue reading The Whys and Hows of a Mediator’s Proposal