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
Mediation Standards of Conduct
American Arbitration Association In this inaugural column on mediation ethics, we invite you to think about the subject not as a list of black-and-white rules, but rather as a vast constellation of influences shaping our worldview and how we conduct ourselves within that broad expanse, yet remain governed by the rules of the profession. Personal… Continue reading Mediation Standards of Conduct
5 Unique Challenges in Ediscovery for Construction Litigation and How to Solve Them
Amanda Fong | Nextpoint If you’ve ever managed ediscovery for a construction matter, you know it’s a different beast. From seven-terabyte data collections to CAD files your review platform can’t even open, the challenges are real and specific. This construction litigation support guide draws from a recent Nextpoint + EDRM webinar that covered the five most common pain points… Continue reading 5 Unique Challenges in Ediscovery for Construction Litigation and How to Solve Them
Choosing the Appropriate Approach for Loss Assessments
Crosby MacDonald, Nikola Stambolic, and Adnan Girach | BRG Introduction Economic losses caused by a wrongful action can take many forms. As the first step towards claiming compensation for a loss, a claimant will normally define that loss in the context of the specific circumstances of its claim. For example, a claimant could say that… Continue reading Choosing the Appropriate Approach for Loss Assessments
Courts or Conference Rooms? Choosing Your Construction Dispute Battlefield
Heather Hawkins | Taft Stettinius & Hollister Disputes are always a risk in construction, and you may make decisions about how to resolve them years before any conflict arises. These decisions can significantly affect cost, timeline, and outcome. Pull out your current form contract or a recent project agreement and ask yourself these questions before… Continue reading Courts or Conference Rooms? Choosing Your Construction Dispute Battlefield