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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Arbitration is Waivable (Even If You Don’t Mean To)

Originally posted 2009-02-04 13:00:00. Republished by Blog Post PromoterBe careful with how you act with arbitration clauses in your contracts. If you are not careful in how you act to enforce these clauses, you could find yourself stuck in court whether you like it or not. As I stated in a recent update to a…

Another Reason to Love Construction Mediation (Read: Why Mediation Works)

I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t have any more praise for the process than I have heaped upon it here at this corner of the construction law “blawgosphere.”  Well, just about every time I am involved with the process, whether acting in…

Mediation in the Zero Sum World of Construction

Construction is a zero sum game.  What do I mean by that?  I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well drafted contract to the other party that contains an attorney fees provision, every dollar that you…

Mediating is Eye Opening

As anyone that reads this construction law blog on any sort of regular basis knows, I am a big advocate for mediation in most cases (construction or otherwise).  I took this truly to heard about four years ago when I decided to go through the training and mentorship to become a certified mediator here in…

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