American Arbitration Association Mediators spend a great deal of time thinking about case value, legal risk, bargaining ranges, opening moves, and settlement structure. All of that matters. But many mediations do not stall because the lawyers misread the law or because the parties cannot do the math. They stall because someone in the room is… Continue reading Preparing the Person, Not Just the Case: Helping Counsel Make Clients Decision-Ready for Mediation
Tag: mediation
How to Prepare for a Successful Construction Mediation
Philip Bruner, Nancy Holtz and Stacy LaScala | JAMS Construction disputes can involve extensive records and technical questions, often with multiple parties and significant financial exposure. But whether a mediation is productive may depend just as much on preparation. The right people need to be involved, and the parties should have the information necessary to… Continue reading How to Prepare for a Successful Construction Mediation
Getting Past Mediation Impasse
American Arbitration Association I have been mediating large commercial disputes for many years now, first as litigation counsel for almost four decades at a major law firm, and then for the past ten-plus years as a mediator. What I share now are approaches and techniques to reach what I describe to the parties at the… Continue reading Getting Past Mediation Impasse
The Hidden Cost of Waiting Too Long to Mediate Construction Claims
Randy Hafer | JAMS Early resolution is key to managing complex construction disputes, and mediation provides an efficient, cost-effective way to achieve that objective. Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps,… Continue reading The Hidden Cost of Waiting Too Long to Mediate Construction Claims
Construction Mediation Best Practices for Productive Resolution
Philip Bruner, Nancy Holtz and Stacy LaScala | JAMS In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins. Drawing on decades of experience resolving… Continue reading Construction Mediation Best Practices for Productive Resolution