Stanley A. Martin | Commonsense Construction Law “Mandatory mediation” may seem an oxymoron, since mediation is a process whereby parties seek to resolve their dispute in an elective process. But a federal court judge has held that a contract clause mandating mediation prior to litigation is to be enforced. Thus, a third-party complaint between contracting… Continue reading Complaint Dismissed for Failure to Mediate First
Category: Mediation
The Importance of Empathy and Effective Listening in Arbitration and Mediation
Joan B. Kessler | JAMS Regarding communications in arbitrations and mediations, a neutral who interacts with litigants from different backgrounds may wish to establish common ground, emphasize similarities, and establish empathy to help the litigants feel more comfortable in the exchange. Also, the participating attorneys representing the litigants may wish to build a rapport not… Continue reading The Importance of Empathy and Effective Listening in Arbitration and Mediation
Mediation Clause Can Stay a Miller Act Claim, Just Not Forever
Christopher G. Hill | Construction Law Musings It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia. Last week I discussed what sort of work can form the basis for a Miller Act claim. This week I am discussing the effect of a mandatory mediation… Continue reading Mediation Clause Can Stay a Miller Act Claim, Just Not Forever
The Importance of Adding a Mediation Provision to Representations and Warranties Policies
Peter Rosen | JAMS I recently mediated a dispute involving a claims-made policy with a condition precedent to either side commencing litigation: mediation. Specifically, the policy stated the following: The Insurer and the Insured agree that they will attempt in good faith to negotiate a resolution to any dispute arising out of this Policy. In… Continue reading The Importance of Adding a Mediation Provision to Representations and Warranties Policies
Virtual Hearings and Mediations Are Here to Stay
Patrick J. Mahoney | JAMS As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer. To do so is to ignore the lessons learned while working remotely. Dispute resolution, like almost every aspect of society, changed as a consequence… Continue reading Virtual Hearings and Mediations Are Here to Stay