American Arbitration Association Welcome back to Mediation Aspects of SB940 in California, a series providing updates on Business and Professions Code 6173 which created a voluntary certification program for mediators and other alternative dispute resolution (ADR) professionals in California. The new program “aims to promote adherence to ethical standard for ADR services and establish consumer… Continue reading Mediation Aspects of SB940 in California: The Tiers Structure for Mediator Certification
Tag: mediation
Mediator-and Arbitrator-Retained Experts in Construction or Business Disputes
Sandy M. Kaplan | JAMS When neutrals retain experts in ADR—what works and what to watch for Construction and business disputes often present complex issues that the mediator or arbitrator must understand to help settle the case or reach an informed arbitration decision. In order to help in this process, the neutral may elect to… Continue reading Mediator-and Arbitrator-Retained Experts in Construction or Business Disputes
Court Rules Mediation Clause Lacks Condition Precedent Language: Key Lessons for Construction Contracts
Robert A. Gallagher | Troutman Pepper Locke Eastern District of Pennsylvania Decision Highlights Critical Contract Drafting Issues A recent federal court decision is an important reminder for construction industry professionals about the precise language needed to make mediation a mandatory step before litigation. On November 18, 2025, the U.S. District Court for the Eastern District… Continue reading Court Rules Mediation Clause Lacks Condition Precedent Language: Key Lessons for Construction Contracts
Mediation, Arbitration, Or Litigation: Which Option Is Best For You?
Callie Yu | Madison Law Not every legal dispute needs to go to court. In fact, many conflicts can be resolved faster and more affordably through alternative dispute resolution (“ADR”) methods such as mediation or arbitration. Understanding the differences between these options can help you choose the best approach for your case. Mediation Mediation is a private… Continue reading Mediation, Arbitration, Or Litigation: Which Option Is Best For You?
Substantial Completion: Close, but the Case Hasn’t Settled
Nancy Holtz | JAMS Not every mediation ends with a settlement at the close of the formal mediation session. But sometimes there is enough progress made to reach “substantial completion”: A lot of ground has been covered, the issues have been narrowed and the parties’ positions have moved closer. But they are not close enough… Continue reading Substantial Completion: Close, but the Case Hasn’t Settled