Blog Post

Remote Control: Rick Friedlander successfully mediates eight-party dispute - totally online

Lang Thal King & Hanson • Jul 10, 2020
Rick Friedlander

On June 17, 2020, Rick Friedlander and our firm's ADR team demonstrated the new world of remote mediation in the successful, 12-hour resolution of an eight-party construction dispute.


The dispute arose from the failure of a retaining wall in the wake of a 100-year storm. The owner had sued the general contractor (who joined its subcontractors), the architect (who joined its consultants), and a special inspector.


Rick Friedlander was selected to mediate the matter - a process that involved eight parties, plus their attorneys, insurance adjusters and some experts, and lasted over 12 hours.


The entire mediation occurred online, with all parties, their representatives, and our mediation team participating virtually from multiple cities across the country.

Step by Step. The mediation commenced with a joint session with all eight parties. Rick then facilitated numerous separate sessions, in virtual breakout rooms, with the owner, the construction team (both collectively and individually), and the design team (both collectively and individually).

Our Zoom mediation team (with paralegal Therese Mayo as host or co-host) was able to seamlessly transition from one breakout room to the next, which allowed Rick to raise settlement funds from each defendant, report to the defendants collectively the status of his efforts and to discuss with all the defendants the collective offer to be made to the owner, and to make numerous settlement offers back and forth with the owner and the defendants collectively.

As necessary, Rick also held a number of virtual conversations with adjusters (separate from each other and their respective insureds) to discuss insurance coverage issues that impacted the amounts available from each insurance company for settlement from their insured.

Same-Day Agreement. After just over 12 hours, the parties reached an agreement that, on the day of the mediation, was documented and signed through a virtual electronic process.

NEW NORMAL?

The benefits of remote mediations and arbitrations are so significant that we expect them to be part of the "new normal" in pursuing out-of-court resolution of business and other disputes.

Our remote dispute resolution services include (a) a proprietary Zoom manual that we circulate to the parties/counsel to assist in the ADR process; (b) technical setup assistance by skilled personnel before proceeding with any arbitration or mediation, and (c) confidential breakout rooms for multiple parties in mediations.

To schedule a mediation or arbitration with ADR attorneys Rick Friedlander,  Kent Lang or George King, contact them via phone or email or request a mediation or arbitration session.

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