Hon. Natasha L. Abel | JAMS The most successful mediations start with honest, thoughtful and concise communication with the mediator before the formal mediation session has started. Sometimes this is in writing in the form of a confidential mediation statement; other times this may be part of a confidential pre-mediation conference call with the mediator.… Continue reading Setting the Stage for Successful Mediation: What to Tell Your Mediator Before the Session
Tag: mediation
Dispute Review Boards, Standing Construction Mediators, or Mandatory Mediation – What Is the Best Fit for Your Construction Project?
Joel Bertet | American Arbitration Association It’s a Tuesday morning. The hotel project is 20 months in. Drywall is up, the rough mechanical is signed off, and the finishes are starting to land on site. The tile sub gets the phone call he has been dreading. His supplier is on the other end. The price… Continue reading Dispute Review Boards, Standing Construction Mediators, or Mandatory Mediation – What Is the Best Fit for Your Construction Project?
Best Practice for Mediators: Tools and Tactics to Overcome Perception Barriers and Close Deals
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
The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
Anthony Theau-Laurent, Edmund Richards and Louis Osman | Global Arbitration Review Introduction In dispute resolution processes, such as arbitration, litigation or mediation, experts are often instructed to provide an opinion on specific matters within their area of expertise. When one party (or several) seeks financial compensation for the damage sustained as a result of another… Continue reading The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency