Category: mediation
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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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What is “good faith” in mediation? Is it enforceable?
By Leslie King O’Neal “They’re not here in good faith!” is an accusation mediators sometimes hear. But what does “good faith” mean in mediation? Is it the mediator’s role to decide if parties are acting in “good faith?” Should mediators report parties who violate “good faith” requirements to the court? Attorneys, mediators, judges and legal…
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Mediated Case Management: Not an Oxymoron
By Leslie O’Neal If the parties are unable to settle at mediation, is that the end of the mediator’s role? Not necessarily! Impasse at mediation may not be “all she wrote” for the mediation process. “Mediated case management” allows the parties and the mediator to work together to make litigation or arbitration more efficient and…
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