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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Why You Need a Contract Mediation Clause

Originally posted 2014-05-09 09:00:06. Republished by Blog Post PromoterFor this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley. Seth is the managing member of Wolfe Law Group, LLC, a boutique law firm located in New Orleans, Louisiana. Seth handles all aspects of construction cases from initial contracting to payment once work…

When Is Mandatory Arbitration Not Mandatory?

Originally posted 2015-08-10 10:16:47. Republished by Blog Post PromoterI have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to…

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…

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…

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