JAMS Global Construction Solutions Newsletter, Spring 2014


In This Issue:

- Timing Is Everything: Balance Risk And Opportunity To Decide When To Mediate

- Critical Issues For Parties To Consider When Selecting An Arbitrator

- Obtaining Testimony And Documents From Non-Parties In Arbitration

- Notices & Events

- Excerpt from Timing Is Everything: Balance Risk And Opportunity To Decide When To Mediate:

More than 90 percent of litigated cases settle before trial. The value of mediation is so well established that many contracts require that parties mediate as a condition to initiating litigation or arbitration. Mediation may be required by statute or ordered by courts, as well as agreed upon by the parties. Good settlement opportunities can be lost by waiting until most of the available information concerning claims and defenses has been discovered, but mediating too soon may reduce the mediation to a perfunctory step on the road to trial. Therefore, among the critical activities essential to a successful mediation is selecting the right time to mediate. Thoughtful and intentional timing of mediation will help clients achieve their goals.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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