Rachel A. Gupta | JAMS Many lawyers and litigants have the misconception that the parties do not have enough information to settle early in the litigation (or pre-litigation) and therefore consider mediation only on the eve of summary judgment or trial. As a former commercial litigator, I once shared the misguided idea that for many… Continue reading Why Early Mediations Fail and How to Maximize Their Chances for Success
Tag: mediation
Multi-Party Construction Mediations and How to Address Them
Gary Snodgrass | Miles Mediation & Arbitration Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several tasks the mediator, or neutral, must perform to help the parties reach resolution. As a mediator of… Continue reading Multi-Party Construction Mediations and How to Address Them
Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes
Stacy L. La Scala | JAMS When preparing for a mediation, counsel often pronounce that joint sessions are, at best, a waste of time. I disagree. My three-plus decades of experience in mediation of commercial and construction disputes have convinced me that a properly managed joint session is an important and valuable first step for an… Continue reading Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes
Can Parties Be Required To Mediate Before Proceeding To Arbitration?
John M. Townsend, James H. Boyking, Sebastian Bonnard, Malik Havalic, Tamara Kraljic, Shayda Vance, Eleanor Erney, Gaela Gehring Flores, Remy Gerbay, Abigail McDonagh, and Diego Duran De La Vega | Hughes, Hubbard & Reed Mediation and arbitration are both common dispute resolution methods, and both can lead to effective outcomes. Many contracts include provisions that require… Continue reading Can Parties Be Required To Mediate Before Proceeding To Arbitration?
Successful Mediation Often Boils Down to Preparation
Richard Erickson | Snell & Wilmer When presiding recently as mediator in a multi-party construction dispute, one of the contractor’s representatives asked me during a pre-mediation caucus to identify the one thing I needed from them for the mediation to succeed. I said “come prepared.” By “come prepared,” I meant come prepared to answer every… Continue reading Successful Mediation Often Boils Down to Preparation