Category Archives: ADR

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…

Alert: AAA Construction Industry Rules Update

Originally posted 2015-08-24 09:00:14. Republished by Blog Post PromoterThe American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are: A mediation step for all cases with claims of $100,000 or more (subject to the ability of any…

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

Originally posted 2015-01-26 09:00:48. Republished by Blog Post PromoterOver 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…