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Read Your Contract: It May Cost You Your Arbitration Award

By Sydney M. Warren & J. David Pugh on July 29, 2021
Posted in Arbitration, Government Contracts, Mediation

Read Your Contract: It May Cost You Your Arbitration AwardImagine receiving an arbitration award in favor of your client. You move to confirm the award, and the award is vacated because the parties failed to mediate prior to arbitration. That is exactly what happened in Burke v. Roberson.

In December 2020, the First Court of Appeals in Houston affirmed the vacatur of an…

No. 1 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

By David K. Taylor on January 30, 2020
Posted in Mediation

No. 1 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in MediationsLet’s assume the mediator sticks his head into your room with a grin at 8pm after an exhaustive day when your client is still upset he made the 8th counteroffer and the Mediator says: “Great news! Counter-offer accepted! We have a deal!”  Wonderful, right? Even though your client was pushed way past what he…

No. 2 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

By David K. Taylor on January 16, 2020
Posted in Mediation

No. 2 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than throwing together a mediation statement at the last second…

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