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
Category: Mediation
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
Dispute Review Boards, Standing Construction Mediators, or Mandatory Mediation – What Is the Best Fit for Your Construction Project?
Joel Bertet | American Arbitration Association It’s a Tuesday morning. The hotel project is 20 months in. Drywall is up, the rough mechanical is signed off, and the finishes are starting to land on site. The tile sub gets the phone call he has been dreading. His supplier is on the other end. The price… Continue reading Dispute Review Boards, Standing Construction Mediators, or Mandatory Mediation – What Is the Best Fit for Your Construction Project?
Best Practice for Mediators: Tools and Tactics to Overcome Perception Barriers and Close Deals
American Arbitration Association A. Introduction Experienced mediators recognize that when parties frequently arrive at mediation, they are convinced that their understanding of the dispute is correct and that a judge or jury will validate their position. When opposing parties hold sharply different views about what happened, who bears responsibility, and what constitutes a fair outcome,… Continue reading Best Practice for Mediators: Tools and Tactics to Overcome Perception Barriers and Close Deals