Tag: mediation preparation
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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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- "good faith" (1)
- "settlement privilege" (1)
- arbitration (6)
- arbitration award (3)
- case management (2)
- confidentiality (2)
- mediation (5)
- mediation preparation (3)
- mediation statements (1)
- private judge (1)
- privilege (2)
- vacating arbitration awards (1)
- witness statements (3)
