Resources for Construction Lawyers and ADR Professionals
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.
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 Mediation,” (“NLM”) explains…
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…
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…
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…
Texting witnesses during testimony at arbitration constitutes fraud, resulting in court vacating arbitration award.
What happens in Vegas may stay in Vegas, but that’s not necessarily the case regarding what’s said or used in settlement conferences. Understanding the limits on privilege for settlement communications and materials helps counsel avoid unpleasant consequences.
Earlier posts cover preparing for mediation more generally.[i] This post provides tips for mediation statements, drawn from my experience both as a construction dispute mediator and an advocate at mediations.