Denise Peterson | Peterson ADR Two parties, both alike in dignity, In fair mediation, where we lay our scene, From ancient grudge break to new mutiny, Where civil claims makes civil hands unclean. Like the opening monologues of Shakespeare, opening statements in mediation set the tone for the discussions to come and often foreshadow the… Continue reading Avoiding Tragedy in Mediation
Tag: mediation
Top 10 Things To Like About Virtual Insurance Mediations
Andrew S. Nadolna | JAMS Virtual mediation is the newest tool in the insurance alternative dispute resolution (ADR) toolbox, and it is here to stay. Here are 10 reasons to use virtual mediation for insurance-related matters. 1. Inventory reduction—now Right now, there is a window of opportunity. COVID-19-related insurance cases are arising quickly. They will… Continue reading Top 10 Things To Like About Virtual Insurance Mediations
Effective Mediation Techniques for Complex Cases – Part Two
Amy Dunn Taylor | Framing Issues Part Two of my series on Effective Mediation Techniques for Complex Cases focuses on the timeline and mechanics of such mediations and includes an analysis of in-person vs. Zoom or other virtual platforms for mediations. Timeline for Effective Mediations in Complex Cases I begin with the assumption that the… Continue reading Effective Mediation Techniques for Complex Cases – Part Two
Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible
Tod Likman | Colorado Construction Litigation As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day. Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out. The mediator, a retired judge, gently reminds you of his prior… Continue reading Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible
Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution
Brian Gaudet | Kilpatrick Townsend & Stockton An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Alternative dispute resolution in the construction context typically means arbitration and mediation. Dispute review boards and executive negotiations are some others, but those are… Continue reading Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution