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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Negotiation from Weakness- You’ll be Doing It

Originally posted 2010-10-16 20:16:58. For our first “Guest Post Saturday” here at Construction Law Musings, we have a great one.  Victoria Pynchon is an attorney-mediator with ADR Services, Inc. in Century City; an arbitrator with the American Arbitration Association in Los Angeles, California; and, a negotiation consultant and trainer world-wide.  Victoria is one of the…

Why You Should Consider Mediation (Most of the Time)

As any reader of Construction Law Musings is aware, I am a huge fan of mediation as a way to resolve construction disputes.  I am such a fan that a few years ago I took the plunge and got certified as a mediator. Why then did I put the caveat in the title of this…

The New Jersey Construction Triangle – Compelling Arbitration Without a Contract Provision Between Subcontractor and Owner/Developer

For this week’s Guest Post Friday here at Musings, we welcome Bennet Susser.  Bennet is a founding member and shareholder of the New Jersey law firm, Jardim, Meisner & Susser, P.C. He has over 25 years’ experience in representing clients in all types of complex (and not so complex) litigation, including those involving construction actions….

Personal Thoughts on Construction Mediation

Originally posted 2009-11-30 09:00:10. As I left a mediation last week at 8:30 at night, I realized something that I knew all along.  Mediation works. Why does mediation work?  For several reasons that I can think of. The first, and likely most important is that lawyers are expensive.  In most construction cases, we charge by…

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