Month: October 2024
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Strategies for Success in Multi-Party Mediation
By Leslie King O’Neal Phil Bruner’s Tips For Successful Multi-Party Mediations Phil Bruner (Philip L. Bruner, Esq., JAMS Mediator and Arbitrator) is an icon in the construction law and ADR worlds. I was honored to be his co-author on this article on mediating multi-party construction disputes for the JAMS newsletter. Multiparty Mediations Strategies for Success…
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MEDIATION AT THE NEXT LEVEL
Interview with Robert Bergman, CEO of NextLevel Mediation By Leslie King O’Neal What is NextLevel Mediation? Artificial Intelligence (“AI”) dominates the news. Almost daily new AI tools and applications are announced. But, the ADR community wonders how AI tools can benefit mediators and lawyers in dispute resolution. In this interview, Robert Bergman, CEO of “NextLevel…
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MEDIATION SUCCESS WITH “GUIDED CHOICE”
By Leslie King O’Neal Getting to “yes” in construction mediation can be a lengthy process as parties and counsel sift through voluminous documents, expert reports, insurance policies and damages models to understand the risks and do cost-benefit analyses for settlement. If the parties haven’t exchanged information before the mediation session, negotiations may stall until insurance…
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“With Malice Toward None; With Charity for All”
By Leslie King O’Neal Abraham Lincoln and Reconciliation These words from Lincoln’s second inaugural address, “With malice toward none; with charity for all . . . let us strive on to finish the work we are in to bind up the nation’s wounds” highlight Lincoln’s approach to re-integrating American society after a long and bloody…
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IS MEDIATION CONFIDENTIAL? IT DEPENDS!
By Leslie King O’Neal Location, Location, Location–Confidentiality Depends on Where the Mediation Occurs Confidentiality is the bedrock of mediation. Parties will not communicate candidly with the mediator unless they know their statements will be confidential. However, there is no uniform mediation confidentiality law applicable in all 50 states, nor is there a uniform federal mediation…
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Texting Witness Re: Answers During Testimony Results in Vacating Arbitration Award
Texting witnesses during testimony at arbitration constitutes fraud, resulting in court vacating arbitration award.
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