John Benjamin Patrick | Gordon & Rees LLP | March 7, 2016 It’s a common enough problem: you’ve been in mediation for 7 hours, and the parties are close to getting a deal done. The gap that appeared insurmountable after lunch has narrowed enough that you can almost shake hands across it. And then the… Continue reading Mediating With an Opponent Who Has Insufficient Authority
Tag: mediation
Mediation in Construction Disputes: Building Bridges
Jack Rosati, Jr. | Bricker & Eckler LLP | February 12, 2016 Risk is the fertile soil upon which compromise grows. In order to most effectively mediate a construction matter, the mediator must be able to convince the parties of their risk, both with regard to the outcome at trial and with regard to the costs… Continue reading Mediation in Construction Disputes: Building Bridges
Mediator’s Moment—Obstacles to Successful Mediation
C. Jean Stewart | Holland & Hart LLP | January 19, 2016 A successful mediation requires that the parties feel satisfied both with the process and with the outcome. Several obstacles can interfere with the parties reaching satisfaction on either or both standards. Counsel often contribute to this failure. Here are some tips on avoiding… Continue reading Mediator’s Moment—Obstacles to Successful Mediation
Getting Beyond Emotion in Mediation
Tony Lehman | The Dispute Resolver | November 23, 2015 Legal research and scientific research — especially in the psychological realm — overlap from time to time. A recent article in the ABA Journal was titled “Mediators find more tools through neuroscience” discusses how decision making in mediation may not be as logical and rational… Continue reading Getting Beyond Emotion in Mediation
Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Christopher G. Hill | Construction Law Musings | November 18, 2015 I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t have any more praise for the process than I have heaped upon it here at this corner of the construction law “blawgosphere.” Well, just about… Continue reading Another Reason to Love Construction Mediation (Read: Why Mediation Works)