Joel Bertet | The Dispute Resolver Construction abandonments of private projects have hit an all-time high. Private developers scrapped more projects in May 2025 than in any other month on record, according to the latest data from Cincinnati based ConstructConnect. The Project Stress Index is a measure of construction projects that have been paused, abandoned,… Continue reading Making the Case for Standing Construction Mediators on Every Complex Construction Project
Tag: mediation
When Arbitration Is Required, Should You Still Try Mediation First?
Marc Alan Fong, Esq. | JAMS In commercial and construction contracts, arbitration clauses are now the norm. They appear routinely—tucked into the fine print of everything from service agreements to bylaws to multimillion-dollar joint venture deals. These provisions typically require that disputes be submitted to binding arbitration, bypassing the courts entirely. When a dispute arises… Continue reading When Arbitration Is Required, Should You Still Try Mediation First?
Control, Creativity, Closure: The Mediation Advantage
Hon. Morton Denlow and Harshitha Ram, Esq. | JAMS In a world rife with conflict—commercial, interpersonal, organizational and beyond—the need for effective dispute resolution has never been greater. Judge Morton Denlow, a retired U.S. Magistrate Judge, offers this perspective from the bench and the mediation table: As a retired judge and mediator at JAMS with… Continue reading Control, Creativity, Closure: The Mediation Advantage
Cut To The Chase: What Makes A Standout Evaluative Mediator?
David H. Wallace | Taft Evaluative and facilitative mediation are two distinct styles of mediation that share a common objective —the resolution of the dispute being mediated. Unlike a facilitative mediator, an evaluative mediator often actively assesses the legal merits of each party’s case and frequently offers opinions or suggestions to help facilitate a settlement.… Continue reading Cut To The Chase: What Makes A Standout Evaluative Mediator?
Resolving Construction Conflicts Efficiently: A Guided Mediation Approach
Sandy Kaplan | JAMS With more than 40 years of experience in construction mediations, I’ve seen how early mediator involvement can significantly streamline the resolution process. By engaging a mediator early—before discovery heats up—parties can benefit from a structured, privileged exchange of information that reduces litigation costs and supports a more informed and efficient path… Continue reading Resolving Construction Conflicts Efficiently: A Guided Mediation Approach