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
Tag: mediation
Should I Skip an Opening/Joint Session in a Construction Mediation?
Brain Gaudet | Kilpatrick Townsend & Stockton Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement. Let me get this off my chest. Let me explain. You and I need to talk. Let me tell you… Continue reading Should I Skip an Opening/Joint Session in a Construction Mediation?
Effective Mediation Techniques for Complex Cases – Part One
Amy Dunn Taylor | Framing Issues This article launches a five-part series on Effective Mediation Techniques for Complex Cases. However, many of these same tactics can be deployed mediating most any type of case. I define complex cases in a number of ways including the complexity of the legal questions at issue, the stakes involved,… Continue reading Effective Mediation Techniques for Complex Cases – Part One
Neutral Evaluation Mediation Agreements
Patricia H. Thompson, Esq. | Forum on Construction Law Often parties select a mediator with deep knowledge of the subject matter in dispute, only to conclude that the typical mediation format does not afford them the best use of the mediator’s expertise. As an alternative, in the right case, neutral evaluation may be exactly what… Continue reading Neutral Evaluation Mediation Agreements
Important Changes to International Arbitration Procedures
Carly Miller and Katherine H. Blankenship | Buildsmart To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute… Continue reading Important Changes to International Arbitration Procedures