Philip Bruner, Nancy Holtz and Stacy LaScala | JAMS Construction disputes can involve extensive records and technical questions, often with multiple parties and significant financial exposure. But whether a mediation is productive may depend just as much on preparation. The right people need to be involved, and the parties should have the information necessary to… Continue reading How to Prepare for a Successful Construction Mediation
Category: Mediation
Getting Past Mediation Impasse
American Arbitration Association I have been mediating large commercial disputes for many years now, first as litigation counsel for almost four decades at a major law firm, and then for the past ten-plus years as a mediator. What I share now are approaches and techniques to reach what I describe to the parties at the… Continue reading Getting Past Mediation Impasse
The Hidden Cost of Waiting Too Long to Mediate Construction Claims
Randy Hafer | JAMS Early resolution is key to managing complex construction disputes, and mediation provides an efficient, cost-effective way to achieve that objective. Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps,… Continue reading The Hidden Cost of Waiting Too Long to Mediate Construction Claims
Construction Mediation Best Practices for Productive Resolution
Philip Bruner, Nancy Holtz and Stacy LaScala | JAMS In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins. Drawing on decades of experience resolving… Continue reading Construction Mediation Best Practices for Productive Resolution
Setting the Stage for Successful Mediation: What to Tell Your Mediator Before the Session
Hon. Natasha L. Abel | JAMS The most successful mediations start with honest, thoughtful and concise communication with the mediator before the formal mediation session has started. Sometimes this is in writing in the form of a confidential mediation statement; other times this may be part of a confidential pre-mediation conference call with the mediator.… Continue reading Setting the Stage for Successful Mediation: What to Tell Your Mediator Before the Session