In This Issue:
Success in Claim Resolution and Mediation: The Insurance Component; The Future of Construction Arbitration; Good Faith in the Negotiation, Performance and Enforcement of Construction Contracts; Arbitration & Settlement; The Annotated Construction Law Glossary: A Book Review; A Contractor’s Dictionary; ADR in Federal Contract Disputes: What Law Applies; and Notices.
The Fall 2010 JAMS Global Construction Solutions newsletter contained two excellent articles about why construction mediations often fail and suggested some valuable tips for improving the chances of success. The first article, written by Douglas S. Oles, titled “Ten Common Reasons for Failure in a Mediation,” focused on lack of preparation, lack of funding, failure to involve decision makers and lack of access to key information as some of the main reasons why mediations fail. The second article, by Paul M. Lurie, “Using Failure Analysis to Design Successful Mediations,” posited that a lack of understanding of the mediation process by participants, lawyers and poorly trained mediators is often the culprit in failed mediations...
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