Peter S. French | Taft Stettinius & Hollister More often than not, lawyers opt out of opening statements in mediation for a variety of reasons. Common rationales include: opening statements will only heighten emotions and negatively impact negotiations; the parties already know the key issues and mediation time is better spent on negotiating settlement terms;… Continue reading To Skip Or Not To Skip The Opening Statement In Mediation
Category: Mediation
Eight Tips for Mediating High-Profile Construction Disputes
Patricia Thompson | JAMS Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues. At the International Association of Lawyers (UIA) 29th World Forum of Mediation Centres on June 24, 2021, I had the opportunity… Continue reading Eight Tips for Mediating High-Profile Construction Disputes
The Significance of Nonverbal Communication in Mediation and Arbitration
Joan B. Kessler | JAMS Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions. While the words that are spoken are critical to assessing communication, assessing the meaning of words through evaluating nonverbal gestures and cues, body language and eye… Continue reading The Significance of Nonverbal Communication in Mediation and Arbitration
The Future of Mediation by Video Conference
Brian Gaudet | Kilpatrick Townsend & Stockton There are two significant ways in which mediation by video conference will change construction law and both are a function of removing the need to travel. First, video conferencing allows more people to attend a mediation without significantly affecting the cost and trouble of the attendance. Second, mediation… Continue reading The Future of Mediation by Video Conference
Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator
Christopher Massaro and Adam Sklar | Cole Schotz Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed directly to arbitration. Often, however, settlement discussions will ensue during the arbitration as costs begin to mount… Continue reading Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator