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. 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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Conflict? Construction Mediators Thrive On It

Originally posted 2013-10-16 16:11:03. Republished by Blog Post PromoterYesterday I attended a great CLE/CME (Continuing Mediator Education) seminar entitled “Brave New World for Mediation: Skills for Forging the Future.”  Aside from the skills learned from the mediators at the seminar, one thing stuck with me from the keynote speech. In the course of his discussion…

Have the Feds Taken Over Arbitration?

Originally posted 2009-05-18 09:00:00. Republished by Blog Post PromoterImage via Wikipedia All of us in construction have run into mandatory arbitration clauses in our contracts. These clauses are more or less desirable based upon the size of project and other factors that will provide a topic for another post here at Musings or in my…

Alert: AAA Construction Industry Rules Update

Originally posted 2015-08-24 09:00:14. Republished by Blog Post PromoterThe 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…

The Anatomy of a Construction Dispute Stage 3- The Last Straw

Originally posted 2015-01-26 09:00:48. Republished by Blog Post PromoterOver the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim, and how to bring heat short of litigation/arbitration.  As promised, this week I’ll be discussing the next step or…

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