Nikki DeWitt | The CLM Recently, I participated in a panel discussion on mediations that focused on negotiation tactics and conflict resolution. Sitting alongside two current judges and a former judge, we broached the subject of what should be done at mediation, followed by what should not be done at mediation per our collective experience… Continue reading Top-10 Do’s and Don’ts at Mediation
Category: Mediation
Three Often Overlooked Keys For a Successful Mediation
Frank Shuster | Constangy Brooks Smith & Prophete “Millions for defense, but not one cent for tribute.” That slogan became a rallying cry for Federalists during the XYZ Affair in 1798. Way back then, France and England were at war. What a surprise. The fledgling United States did not want to choose sides in a war… Continue reading Three Often Overlooked Keys For a Successful Mediation
The Top Ten Most Common Frustrations Of Mediation
Kevin K. Fitzharris | BarrettMcNagny For most litigants, mediation has become their day in court. It’s a big deal! This article explores the top ten most common frustrations associated with mediation and tips on how to avoid them. 1. “We are not scheduling mediation until x happens!” At times, a plaintiff may be hesitant to… Continue reading The Top Ten Most Common Frustrations Of Mediation
Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
David K. Taylor | BuildSmart I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a mediator or arbitrator in construction disputes. To be… Continue reading Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
Mediating Construction Claims in Real-Time
Eric Brodfuehrer | Ankura Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project A Third-Party Neutral During Construction Primer What Is a Third Party Neutral? A Third-Party Neutral, or Project Neutral, is typically understood to be a mediator or arbitrator in legal proceedings tasked with… Continue reading Mediating Construction Claims in Real-Time