Bremer Whyte Brown and O’Meara | August 19, 2019 Alternative Dispute Resolution (“ADR”) is a term that refers to a number of processes that can be used to resolve a conflict, dispute, or claim. ADR processes are alternatives to having a court decide the dispute in trial. ADR processes can be used to resolve any… Continue reading What is an Alternative Dispute Resolution?
Category: Mediation
Mediation of Complex Construction Disputes: Breaking an Impass
Kenneth Gibbs and Lexi Myer | JAMS | July 17, 2019 In the context of mediation, if there is one word that counsel and mediators dread the most, it is “impasse.” Consider the following scenario: In one room, there is a contractor making allegations of delay, disruption and/or acceleration based on differing site conditions, changed… Continue reading Mediation of Complex Construction Disputes: Breaking an Impass
No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | BuildSmart | July 3, 2019 This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than… Continue reading No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | BuildSmart | June 10,2019 This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than throwing… Continue reading No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
Hey Siri, Why Did You Settle That Case Without Me Signing?
Matthew DeVries | Burr & Forman | June 4, 2019 Although it was a summary order with no precedential effect, the Second Circuit held in In re: Lehman Brothers Holdings, Inc. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties never signed a written agreement. While the case is… Continue reading Hey Siri, Why Did You Settle That Case Without Me Signing?