Kent B. Scott, Esq. and Cody W. Wilson, Esq. | Babcock Scott and Babcock Introduction. A construction dispute that began after a cave-in of a large resort roof caused $5,000,000 in damages eventually resulted in a lawsuit naming fifteen parties. The case was in litigation for six years and generated $900,000 in legal fees, due… Continue reading Mediation 101 – “Help me Help You” Musings of a Mediator and an Attorney
Category: Mediation
To Skip Or Not To Skip The Opening Statement In Mediation
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
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