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

Over 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 “last straw” in a construction dispute, namely, arbitration…

To Require Arbitration or Not To Require Arbitration

Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause.  Most of these refer in a blanket manner to AAA Construction Industry Rules.  The topic for this post is not whether such clauses are enforceable or whether they are one tool in the contracting…

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion.  A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While here in Virginia, as…

Musings on the Virginia Mediation Network Fall Conference

As those of you who read this little corner of the legal blogging world know, I am now 3 years or so into my time as a Virginia Supreme Court certified mediator.  I am also available and as active as possible for private mediations.   Why go through the certification process as opposed to just using…

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