Mediation: Investing in the Solution

Kent B. Scott | Babcock, Scott & Babcock Mediation is an effective alternative dispute resolution method that empowers the parties to resolve their dispute while preserving their resources in terms of time, money and effort.  Mediation is a dispute resolution process where the opposing parties meet with a neutral third party to find a better… Continue reading Mediation: Investing in the Solution

“Alternative” Disputes Resolution: the Mediation and Arbitration Options

Neil S. Lowenstein | Vandeventer Black LLP | February 6, 2017 Disagreements are always best resolved at the earliest stage. Construction disputes are no exception to that, and the earlier the better. Unresolved disputes can adversely affect not only the time and cost of performance; but also, and sometimes worse, relationships. And while the best… Continue reading “Alternative” Disputes Resolution: the Mediation and Arbitration Options

Conflict? Construction Mediators Thrive On It

Christopher Hill | Construction Law Musings | November 21, 2016 Yesterday I attended a great CLE/CME (Continuing Mediator Education) seminar entitled “Brave New World for Mediation: Skills for Forging the Future.”  Aside from the skills learned from the mediators at the seminar, one thing stuck with me from the keynote speech. In the course of… Continue reading Conflict? Construction Mediators Thrive On It

Construction Mediation Presents Unique Challenges and Opportunities

William J. Cea | Daily Business Review | November 17, 2016 Construction mediation presents unique challenges and opportunities that can determine the outcome. Here is some practical guidance based on our experience. Proper preparation and participation in mediations requires an understanding of the pyramid of parties, how the timing affects potential settlement options and whether… Continue reading Construction Mediation Presents Unique Challenges and Opportunities

What Happens in Mediation Stays in Mediation

Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina | November 1, 2016 The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims.  ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct.… Continue reading What Happens in Mediation Stays in Mediation