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For the past 18 months or so, I have been studying and trying to implement in my mediation practice, techniques from a “discipline” called Narrative Mediation. Narrative Mediation is not new even though it is relatively new to me. John...
Planning for dramatic price changes was a significant problem before the Trump administration imposed tariffs on steel and other products used in construction. The question has come to the fore with headline grabbing trade wars but for the construction industry,...
In my mediation practice I have found that cases are much more likely to settle when the parties approach the process collaboratively. For many advocates, their role in the opening session is to soften the other side. This generally means...
Any article on winning must start by defining the term. Unlike most of what we do as litigators, mediation never results in an absolute “win.” Some settlements feel more like wins than others and settlement alone is not the right...
Dueling Statutes As we first described before the federal statute was enacted, the owner of a trade secret in North Carolina now enjoys the protection of both the Federal Defend Trade Secrets Act and North Carolina’s version of the Uniform...
In 1865, Karl Marx postulated that the value of any commodity is determined by the amount of labor that was required to produce that commodity. Few, if any, economic theories have proven to be more completely wrong. As Ronald Baker...
Managing performance on a construction project is difficult when everything is going smoothly. When the inevitable unexpected event occurs that impacts the planned work or sequence of work it is exponentially more difficult. Contractors and subcontractors are entitled to extensions...
Mediation is a remarkable tool for resolving disputes. Very few cases in North Carolina are tried to juries anymore, in large part because the mediation process is so effective. I was recently in a restaurant that prominently displayed this sign:...
In my experience, apologies in business or civil litigation mediation are the exception not the rule.  There may be good reasons for this but you should never underestimate the potential of a good apology for reaching a resolution.   Amongst...
Under North Carolina law, pay when paid clauses are unenforceable. Simple enough, in theory. To be more specific, “payment by the owner to a contractor is not a condition precedent for payment to a subcontractor and payment by a contractor...