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A Meeting of the Minds

 A few year ago, I saw a 60 Minutes Special where Oprah Winfrey' had put together a panel of people.  The panel consisted of Seven men and women who voted for Trump and seven men and women who voted against Trump.  She particularly asked them specific questions about his Presidency to get their take on how he was doing.   I heard something one of the participants said that had my head spinning, and it got me thinking about a question I often find myself asking, which is, "What kind of mind is that?"  I don't know why, but I am often amazed at the things I hear people say.  I often wonder how do they form the words to say them?  I could fill this page up with examples, but the problem I am finding, is that what is sickening to one person may be lovely to another.  Two people could hear the same statement and come away with two completely different meanings.  Or two people could have completely different opinions a...
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Mediation: Risk Free Adjudication, Why Mediate? Part 2

Mediation is a much faster process than civil litigation.  Typically construction litigation cases can take a few months to a year or longer to actually get to trial.  CRS had a case in which a party contacted CDRS on a Thursday night.  We expedited the agreement to mediate and other paperwork.  Four days later, on Monday, CDRS scheduled a jobsite visit at 7:30am, convened the mediation at 10:00am, and concluded with a full settlement by 4:00pm the same day.  Incidentally, this was a binding mediation agreement, which guaranteed a full settlement at the end of the mediation process.  The project continued on with no loss of time due to the dispute.
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Mediation vs Adjudication: It's a No Brainer! Part 1

Wikipedia defines Adjudication as the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. The legal definition of Adjudication is the legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. In both definitions, there is one common denominator, some one else is making the final decision for your dispute. The only form of resolution to your dispute where you have the power to decide your own outcome is mediation. What is mediation?  Mediation is essentially a negotiation facilitated by a neutral third party. Unlike arbitration, which is a process of ADR somewhat similar to trial, mediation doesn't involve decision making by th...
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