The success of a mediation depends on several factors,
including timing, preparation, and settlement confirmation, as recently
discussed in the Fall 2014 newsletter of the JAMS Global Engineering and Construction
Group, linked here.
In Sealing the Deal: Critical Issues in the Preparation
of Mediated Settlement Agreements, (JAMS
Global Construction Solutions), Fall 2014 at 1; 5, Patrick J. O’Connor,
Jr. underscores the importance of confirming a settlement agreement at
mediation with a signed writing with key terms.
In Mediation Decision-Makers Need “Decision
Quality Information”, (JAMS Global
Construction Solutions), Fall 2014 at 2, Hon. Carol Park-Conroy explores
when a dispute is ready for mediation, particularly when the people with settlement
authority have the factual and legal information they need to make informed
settlement decisions at mediation.
Both articles
remind us that timing, preparation, and confirmation are crucial to a
successful mediation regardless of how sharp our negotiation skills might be.
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