Category: mediation preparation
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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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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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Tips for Construction Mediation Statements
By Andrew Ness 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. The Goal of the Mediation Statement: Helping the Mediator to be Effective Everything in the mediation statement should focus on the objective
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Building the Foundation for Mediation Success
By Leslie King O’Neal Preparation is the Foundation for Mediation Success Most construction cases now go to mediation, either via court order or voluntarily. How can attorneys and clients get the most from the mediation process, maximizing settlement opportunities? While attorneys don’t control all the factors leading to mediation success, pre-mediation preparation is the foundation
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