Sandy Kaplan | JAMS With more than 40 years of experience in construction mediations, I’ve seen how early mediator involvement can significantly streamline the resolution process. By engaging a mediator early—before discovery heats up—parties can benefit from a structured, privileged exchange of information that reduces litigation costs and supports a more informed and efficient path… Continue reading Resolving Construction Conflicts Efficiently: A Guided Mediation Approach
Tag: mediation
Choose the Right Option: How Facilitative and Evaluative Approaches Can Both Have a Role in Mediation
Barry L. Howard | The Dispute Resolver There are various mediation styles or philosophies that parties to litigation encounter when mediating. Generally, they can be categorized as either facilitative or evaluative approaches. Some mediators feel that they should never “evaluate” a case, such as the mediator who says, “a mediator should never express a personal… Continue reading Choose the Right Option: How Facilitative and Evaluative Approaches Can Both Have a Role in Mediation
Artificial Intelligence in Mediation: Risks and Opportunities in Dispute Resolution
Dr. Giovanna Del Bene | Thinx Technology is radically transforming many areas of our daily lives, and the legal sector is no exception. Among the most promising innovations in this field stands out the application of artificial intelligence (AI) and predictive justice. AI is not only improving the efficiency of the legal system but also… Continue reading Artificial Intelligence in Mediation: Risks and Opportunities in Dispute Resolution
When Mediations Fail, It’s Not Always About the Facts
Hon. Charles Margines | JAMS Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of human nature: lying, bullying, sarcasm, betrayal, etc. Now, with the filing of the complaint,… Continue reading When Mediations Fail, It’s Not Always About the Facts
Why Early Mediations Fail and How to Maximize Their Chances for Success
Rachel A. Gupta | JAMS Many lawyers and litigants have the misconception that the parties do not have enough information to settle early in the litigation (or pre-litigation) and therefore consider mediation only on the eve of summary judgment or trial. As a former commercial litigator, I once shared the misguided idea that for many… Continue reading Why Early Mediations Fail and How to Maximize Their Chances for Success