Richard P. Byrne, Esq. | National Arbitration & Mediation | July 2018 One of the challenges a Mediator faces is multi-defendant litigation where the defendants are consumed with the issues among and between each other and are drawn more to in-fighting than in addressing the claims of the plaintiff. This can materialize not only through… Continue reading The Challenges in Mediating Multi-Defendant Cases
Category: Mediation
Special Issues in Multi-Party Construction Mediations
Thomas I. Elkind, Esq. | Global Construction Solutions | July 3, 2018 Typical construction projects usually involve an owner, an architect, consulting engineers, a general contractor, subcontractors, suppliers, sureties and insurers. These parties may not all have contracts with each other. The owner may have separate contracts with the architect and the general contractor, and… Continue reading Special Issues in Multi-Party Construction Mediations
Washington Legislature to Consider Reforms to Statute Governing Residential Construction Disputes
Grant S. Degginger | Lane Powell PC | January 31, 2018 Efforts are now underway in both houses of the Washington legislature to improve the legal landscape for residential construction defect litigation by adding a mediation option similar to what has been common in commercial and public works contracts. The House Judiciary Committee is considering… Continue reading Washington Legislature to Consider Reforms to Statute Governing Residential Construction Disputes
Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Kent B. Scott | Babcock Scott and Babcock | January 5, 2018 This is the second installment in the series of articles on Dispute Resolution. The AIA – A-201- General Terms of the Construction Project, provides a requirement for the parties to mediate their dispute before resorting to arbitration or litigation. The contract requirement, in… Continue reading Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?
Brian J. Laliberte | Tucker Ellis | November 16, 2017 I. Introduction Mediation as a dispute resolution mechanism does not succeed because courts, statutes, or rules impose a good faith standard on participants or sanction bad faith conduct. Mediation succeeds because litigants and their lawyers prepare their case, know their objectives, and work to achieve… Continue reading Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?