Kenneth Gibbs and Lexi Myer | JAMS | July 17, 2019 In the context of mediation, if there is one word that counsel and mediators dread the most, it is “impasse.” Consider the following scenario: In one room, there is a contractor making allegations of delay, disruption and/or acceleration based on differing site conditions, changed… Continue reading Mediation of Complex Construction Disputes: Breaking an Impass
Tag: mediation
No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | BuildSmart | July 3, 2019 This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than… Continue reading No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | BuildSmart | June 10,2019 This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than throwing… Continue reading No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
Hey Siri, Why Did You Settle That Case Without Me Signing?
Matthew DeVries | Burr & Forman | June 4, 2019 Although it was a summary order with no precedential effect, the Second Circuit held in In re: Lehman Brothers Holdings, Inc. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties never signed a written agreement. While the case is… Continue reading Hey Siri, Why Did You Settle That Case Without Me Signing?
Court Enforces Contractual Agreement for Mediation Before Filing Lawsuit
Gregory M. Boucher | Construction Industry Counselor | May 24, 2019 Construction contracts often contain agreements requiring mediation before a party may file a lawsuit. However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit. Given that mediation is not binding and does… Continue reading Court Enforces Contractual Agreement for Mediation Before Filing Lawsuit