Category: Construction

Mediation is about Necessary Endings- Constructal Law author.

Mediation is about Necessary Endings- Constructal Law

Every ending is just a new beginning. We just don’t know it at the time.  Mediators inhabit this strange world...

By Greg Rooney
Eight Tips for Mediating High-Profile Construction Disputes author.

Eight Tips for Mediating High-Profile Construction Disputes

JAMS ADR Blog by Chris PooleLarge-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks,...

By Patricia Thompson
Helicopter Conflict author.

Helicopter Conflict

Mediation and Business Consulting by Kathleen Kauth.What do helicopters do best?  They hover.  There is a term for over zealous...

By Kathleen Kauth
Impact of Couple Conflict and Mediation on How Romantic Partners are Seen: An fMRI study author.

Impact of Couple Conflict and Mediation on How Romantic Partners are Seen: An fMRI study

An article excerpt by Halima Rafia, François Bogacz, David Sander, and Olga Klimecki. Originally published by Science Direct, here: https://www.sciencedirect.com/science/article/abs/pii/S0010945220302240?dgcid=coauthor.Previous...

By Francois Bogacz
Resolving Construction Disputes Through Baseball Arbitration author.

Resolving Construction Disputes Through Baseball Arbitration

Reprinted with permission from the Dispute Resolution Journal, vol. 74, no. 3 (June 2020). © 2004 American Arbitration Association, all...

By Benjamin Gordon, Patrick Kingsley
Online Dispute Resolution Pioneer Colin Rule Named Mediate.com CEO author.

Online Dispute Resolution Pioneer Colin Rule Named Mediate.com CEO

Online Dispute Resolution Pioneer Colin Rule Named Mediate.com CEO Former eBay and PayPal Exec to Focus on Global Expansion and...

By Mediate.com Staff, Colin Rule
Fostering Mediation in the Middle East Construction Industry author.

Fostering Mediation in the Middle East Construction Industry

Whilst the construction industry worldwide is plagued by disputes, construction disputes in the Middle East have two distinct characteristics. The...

By Rafat Sweileh
Mediation vs. Arbitration author.

Mediation vs. Arbitration

This video is presented as part of Mediate.com's 25th Anniversary Conference at www.mediate.com/Mediation2020. Tom Stipanowich talks about the arbitration process...

By Tom Stipanowich
My Favorite Resource Featuring Joel Shapiro author.

My Favorite Resource Featuring Joel Shapiro

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.Our series, My Favorite Resource, features...

By Nicole Wilmet
Construction Dispute Prevention and Mediation author.

Construction Dispute Prevention and Mediation

A previous version of this article, in Chinese, was first published in the Construction Guide, August 2018, by World Journal,...

By Wean Khing Wong
Construction Mediation: Ten Tips for Success author.

Construction Mediation: Ten Tips for Success

Construction projects often produce disputes.  Mediation can help resolve such disputes, quickly, confidentially, and efficiently.  This Article offers ten tips...

By Steven Bennett
Construction – Early Completion, Who Owns the “Float”? author.

Construction – Early Completion, Who Owns the “Float”?

Acceleration and early completion of a construction project, ahead of schedule, has many potential advantages, including economic as well as...

By Norman Stark
DR Clauses in Contract author.

DR Clauses in Contract

From ADRAC- The Australian Dispute Resolution Advisory Council Blog, organized with Shirli Kirschner This paper was prepared and settled jointly by the...

By Shirli Kirschner
When Your Boss Is A Bully author.

When Your Boss Is A Bully

Conflict Remedy Blog by Lorraine SegalI have unfortunately worked for more than one boss who was a bully. And since...

By Lorraine Segal
How Conflict Is Like Sex author.

How Conflict Is Like Sex

Originally printed in Psychology Today here.  Morton Deutsch, eminent psychologist, Columbia University professor, mentor extraordinaire, and one of the founders...

By Peter T. Coleman
Drafting Arbitration Clauses in Construction Contracts author.

Drafting Arbitration Clauses in Construction Contracts

JAMS ADR Blog by Chris PooleMany construction lawyers who specialize in transactional work acknowledge that they do not spend much...

By Patricia Thompson
Socially-Responsible Real Estate Development author.

Socially-Responsible Real Estate Development

Consensus Building Approach by Larry SusskindI am trying to build a MOOC (an open course on line) that will help...

By Larry Susskind
Resolving Complex Environmental Disputes author.

Resolving Complex Environmental Disputes

JAMS ADR Blog by Chris PooleThis article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes...

By Lester Levy
Make the Most of Your Mediation: The Single-Family Construction Defect Case author.

Make the Most of Your Mediation: The Single-Family Construction Defect Case

JAMS ADR Blog by Chris PooleHow can you economically and effectively settle the single-family construction defect case?  In a recent...

By Lynn Duryee
Fifth Circuit Reverses Course in Construction Defect Case author.

Fifth Circuit Reverses Course in Construction Defect Case

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Fifth Circuit Court of Appeals has reversed its prior decision...

By Beth Graham
Beyond “Getting to Yes:” Building Mediation Skills and Insights into Relationships author.

Beyond “Getting to Yes:” Building Mediation Skills and Insights into Relationships

“[Mediation has the] capacity to reorient parties toward each other not by imposing rules on them, but by helping them...

By Tom Stipanowich
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated author.

Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Supreme Court of Texas has agreed to review whether an...

By Beth Graham
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution author.

Managing Construction Conflict: Unfinished Revolution, Continuing Evolution

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThomas J. Stipanowich, Academic Director of the Straus Institute for Dispute...

By Renee Kolar

Roots Of Construction Project Disputes Flow From Biblical Past

Kluwer Mediation BlogHave you ever wondered why the construction industry is still saddled with its culture of adversity, contractual conflict...

By Joseph Grynbaum
Making Peace in Mediation: Authority, Rights, and Interests – Video author.

Making Peace in Mediation: Authority, Rights, and Interests – Video

The role of authority, rights, and interests in conflict resolution. Begin with the most informal; begin with Matthew 18:15 "Go...

By Greg Stone
The Dysfunctional Board of Directors author.

The Dysfunctional Board of Directors

It has been said that a good board will not make a company, but a bad one will inevitably kill...

By Kendall Reed

Lawyers’ Resistance in Construction Mediation

Introduction The interaction between lawyers and mediation has long been a controversial one.  Rivers of ink have been spilled on...

By Bryan Clark
Mediation in Ireland: Current Trends, Future Opportunities: Part 1 author.

Mediation in Ireland: Current Trends, Future Opportunities: Part 1

Mediation in Ireland: Current Trends, Future Opportunities. Mediation has become the preferred method of Alternative Dispute Resolution (ADR) in Ireland...

By Caitriona Heffernan
How Neutrals Can Provide Early Case Management of Construction Disputes author.

How Neutrals Can Provide Early Case Management of Construction Disputes

This article describes how neutrals can provide early case management and resolution services to help parties in construction disputes resolve...

By John Lande

Resolving Complex Construction Cost And Time Disputes

Construction cost and time disputes can become quite complex with the disputants often fixed on very different positions, for issues...

By Curtis W. Driver

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