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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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A Construction Lawyer Can Help You Negotiate (Not Sue)

Ever since I read the two articles referenced in last week’s Musings, I have been thinking about how I as a Virginia construction attorney can be part of the solution.  Then, fortuitously, my good friend and ubermediator, Victoria Pynchon (@vickiepynchon), dusted off her Negotiation Law Blog to discus 10 Reasons To Negotiate Instead Of Suing…

Be Careful with Arbitration Clauses in Construction Contracts

Originally posted 2009-01-15 09:35:00. The Fairfax County Circuit Court has done it again. In Comer, et. al v. Goudie, et. al., CL 2008-2110 (December 11, 2008), the Fairfax Court considered the following: The Plaintiffs in the three suits decided by the Court entered into contracts with Timberline Design and Build, Inc. (“Timberline”) for the construction…

Flying Solo: How it Helps My Construction Clients

Two and a half years ago, on July 1, 2010, I opened my solo practice.  At the time, I really had no insight into how big this change would be from a positive, customer service, perspective. When I made the decision to go solo with my construction law practice, I knew I wanted to have…

Musings on Why I Mediate

This week, I’ve decided to jump off the legislative/mechanic’s lien train and get back to thoughts on one of, if not my number one, favorite dispute resolution process: mediation. As those of you who read Musings regularly know, I became certified as a mediator by the Virginia Supreme Court last year.  I went through this…

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