Alternate Dispute Resolution

Mediation and ArbitrationI have often discussed mediation and arbitration as methods of resolving construction disputes here at Construction Law Musings.  I have also discussed my journey from construction litigator to litigator/mediator. This page consolidates my thoughts as well as those of others into one place for your review.

Please let me know your thoughts on ADR or contact me with any questions (whether they be about mediation, arbitration or otherwise).  Also, if you are interested in mediation services, please review the information at my firm website and let me know how I can help.

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Alert: AAA Construction Industry Rules Update

The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015.  Among the changes listed at their website are: A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out). Consolidation and joinder time…

When Is Mandatory Arbitration Not Mandatory?

I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia.  A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to litigation despite various ADR provisions in the contract…

More Musings From the Mediation Trenches

As those that read this construction blog on a regular basis know, I became a Virginia Supreme Court certified mediator a few years ago.  I did so because I believe that mediation as a form of alternate dispute resolution is in most cases a much better alternative to resolve a construction dispute than litigation. While…

When is Mediation Appropriate for Your Construction Case?

Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation.  What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must be used is where…

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