If the typical back and forth of negotiations is no longer resulting in positive movement in a mediation, alternative approaches are worth pursuing. One such alternative is the use of brackets.
While the concept of...more
Don’t let the other side control your negotiations. Parties often will structure their negotiations based on their perception of the reasonableness of the offers or demands made by the other parties. Frequently, I hear...more
The goal of mediation is to settle the case, not to reach agreement on all areas of controversy. It is worth noting that the parties can reach a settlement even while remaining steadfast in their disagreement about the...more
At times, the parties to an upcoming mediation seek to waive the requirement of some to attend mediation, when a better question might be, “who else should be invited?” ...more
Unfortunately, construction site accidents are a reality that even the most careful of contractors and subcontractors may encounter. While the time immediately following an accident can be chaotic, keeping a level head and...more