Tag: mediation preparation
-
A Bank Robber, the Matrix & Mediation
By Leslie King O’Neal Advice From a Bank Robber–Go Where the Money Is Willie Sutton was a notorious bank robber in the 1920’s and 1930’s.[i] Over his 40-year criminal career, he stole at least $2 million. When a reporter asked him why he robbed banks, he allegedly said, “Because that’s where the money is.” [ii]…
//
-
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…
//
-
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…
//
-
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…
//
-
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…
//
-
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…
//
-
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…
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (2)
- "settlement privilege" (1)
- ADR (2)
- arbitration (19)
- arbitration award (5)
- arbitration clauses (2)
- arbitration rules (3)
- artificial intelligence (3)
- case management (2)
- confidentiality (4)
- construction law (1)
- discovery in arbitration (2)
- dispute review boards (1)
- diversity (1)
- evidence (1)
- FAA (3)
- mediation (15)
- mediation preparation (8)
- mediation statements (2)
- multi-party mediation (4)
- neutral evaluation (1)
- private judge (1)
- privilege (2)
- reconciliation (1)
- Uncategorized (3)
- vacating arbitration awards (4)
- witness statements (4)
Recent Posts
Tags
AI arbitration arbitration; arbitration clauses; non-signatories; arbitration awards arbitration clauses arbitration discovery arbitration rules arbitrators fashioning equitable awards arbitrator site visits artificial intelligence case management confidentiality discovery in arbitration dispute review boards diversity; selecting arbitrators; selecting mediators DRB evidence FAA high conflict personality mediation mediation; mediation preparation; mediation preparation multi-party mediation personality disorders psychology rule changes sanctions vacating arbitration awards virtual reality witness statements