Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

ADR

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. The posts on this page (or here if on a mobile device) consolidate 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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Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts

I often get calls from clients, potential construction clients, and other construction and business professionals with questions about arbitration or mediation clauses in the contracts that they are reviewing or drafting. When I get these calls, it often becomes clear that, understandably, there is some confusion as to what each of these alternate dispute resolution

Continuing the ADR Discussion at ALPS 411

This is alternative dispute resolution (ADR) week here at Construction Law Musings. Monday’s post was a primer on two popular ADR methods and now, I’ve got another post at the great ALPS411 Blog. The post explores whether you, as a construction pro, would want a mandatory arbitration clause in your construction contract. Here’s an excerpt.

Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

I know, you are likely surprised by the title of this post. You’ve read Construction Law Musings for a while now and know that as a Virginia Supreme Court certified mediator, I have advocated mediation as a great way to resolve your construction disputes short of the expensive and time consuming litigation process. Knowing all of

Why You Need a Contract Mediation Clause

For this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley. Seth is the managing member of Wolfe Law Group, LLC, a boutique law firm located in New Orleans, Louisiana. Seth handles all aspects of construction cases from initial contracting to payment once work is complete. Other areas of focus include mediating,

Talking Mediation at AEC Forensics

Thank you to my friend and relatively frequent guest poster here at Construction Law Musings, Brian Hill (@aecforensics) for letting me invade his great blog on risk management and best construction practices, AECforensics.com, and talk about one of my favorite topics, mediation. As I have said on many an occasion, mediation is often the most

Don’t Forget to Mediate the Small Stuff

It’s been a while since I talked mediation here at Construction Law Musings. Those that read regularly (thanks) have likely missed my musings on the topic. Those who read this construction blog regularly also know that I am both a Virginia Supreme Court certified general district court mediator and a huge advocate of mediation as

Construction Mediation (Often) Isn’t About Money

Did the title of this week’s Musings get your attention? I hope so. If it didn’t, maybe I should say it again. Mediation (often) isn’t about money. I know, you thought that the bottom line in litigation or other dispute resolution (particularly in the construction field) was money. Before I added “construction mediator” to the

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