Resources for Construction Lawyers and ADR Professionals
Nearly everyone involved in dispute resolution encounters people with “high conflict personalities.” They’re often involved in disputes. These individuals are prone to, “exaggerated emotions, adamant directives, attacking and demeaning behavior, difficulty compromising, a preoccupation with blaming others, repeated interruptions, [and] bad-faith participation.”[i]…
Professor Homer LaRue[i] spoke at the ABA Forum on Construction Law[ii] Midwinter Meeting in Tampa, FL last week about improving diversity in selecting ADR neutrals. Selecting ADR neutrals from a narrow demographic affects users’ perception of fairness of ADR processes. The design…
A recent article in the ABA Dispute Resolution Section newsletter[i] asserts mediation has become “a protracted, complex proceeding” contrary to its purpose. Written in a lively tone and citing Voltaire, B.F. Skinner, Sir Isaac Newton, and Ivan Pavlov (with references to Bob…
We wish you and yours a joyous holiday season and a happy new year. See you next year!
“Neutral Evaluation” covers a wide range of evaluations by a neutral party, from little more than off-the-cuff comments to a detailed written assessment following multiple days of presentations. This post addresses why one or all parties involved in a construction dispute could…
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…