American Arbitration Association Construction mediation is becoming more strategic, structured, and hands-on. As disputes grow more complex, parties are using mediation not only to settle cases, but also to exchange information, assess risk, and keep projects or business relationships moving. At the 2026 American Arbitration Association® (AAA®) Construction Conference, “Building Resilience: The Future of Construction… Continue reading How Mediation Is Evolving in Construction Disputes
Tag: mediation
Why Mediations Fall Apart at the Finish Line and How to Keep a Settlement on Track
American Arbitration Association Reaching the final stages of mediation can feel like the hard part is over. The parties have spent hours — sometimes days — exchanging proposals, reassessing their positions, and moving toward common ground. A settlement appears within reach. But getting close to an agreement and successfully closing one are not the same… Continue reading Why Mediations Fall Apart at the Finish Line and How to Keep a Settlement on Track
The Whys and Hows of a Mediator’s Proposal
Robert J. Jossen | FebArb It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind the concept of a “mediator’s proposal” and when is it appropriate to be offered by the mediator and… Continue reading The Whys and Hows of a Mediator’s Proposal
What I’ve Learned in Complex Construction Cases
Jennifer Grippa | Miles Mediation & Arbitration After 10 years of arbitrating and mediating hundreds of construction disputes, I have learned that no two cases are exactly the same. Projects change, parties change and issues can range from relatively straightforward payment disputes to extraordinarily complicated questions involving design, delay, defects, scheduling and damages. Certain patterns… Continue reading What I’ve Learned in Complex Construction Cases
Think Twice Before Submitting a Confidential Mediation Brief
Matt White | JAMS Why sharing your arguments before mediation can strengthen your position and improve the prospect of settlement We live in a deeply divided world. People struggle to agree on basic facts, such as the effectiveness of vaccines, the outcomes of elections and the role of humans in climate change. But there is… Continue reading Think Twice Before Submitting a Confidential Mediation Brief