Getting the Most Out of Mediation: 7 Tips From a Master

Laura C. Abrahamson and Kenneth C. Gibbs, Esq. | JAMS In the construction and engineering field, few mediators have the skill or reputation of Ken Gibbs, who has successfully mediated more than 2,500 cases and is ranked by Chambers USA as “one of the best construction ADR professionals in the United States” and referred to… Continue reading Getting the Most Out of Mediation: 7 Tips From a Master

Spotlight: Alternatives to Litigation in USA

Perry J. Goffner and Timothy G. Cameron | Cravath, Swaine & Moore All questions Alternatives to litigation i Overview Given the time, disruption and expense associated with litigation, some parties opt to settle their disputes out of court through ADR procedures. Arbitration and mediation are the most common alternatives. ii Arbitration Arbitration is the submission… Continue reading Spotlight: Alternatives to Litigation in USA

Why Mediate a Land Use Dispute?

Marshall Berger | Pullman & Comley When disputes arise over land use issues, whether it is the approval or denial of a land use application, we have traditionally turned to our judicial system for their resolution. Indeed, in Connecticut, we have been fortunate to have a Judicial Branch that has appropriately resolved those disputes. Nevertheless,… Continue reading Why Mediate a Land Use Dispute?

Your Side, Your Story – the Advantage of Being Heard at Mediation

Larry Schiffer | National Arbitration and Mediation One of the key advantages of mediation is the ability to be heard by a neutral party genuinely interested in the facts and arguments giving rise to the dispute. Allowing the parties to tell their story to someone who is listening and empathetic to their problem is central… Continue reading Your Side, Your Story – the Advantage of Being Heard at Mediation

Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting

Rebecca L. Gobeil | Gordon Rees Scully Mansukhani Current AIA standard form agreements allow for a choice between binding arbitration or litigation, with a further option to enforce mediation as a condition precedent to proceeding with the selected dispute resolution method. Each option has its advantages and disadvantages – and one option does not fit… Continue reading Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting