Category Archives: ADR

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…

Is Arbitration Always the Answer?

After a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again. This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution. The topic? Arbitration. Why does…

Talking Mediation at ALPS411

Thanks again to the ALPS411 Blog continuing to allow me a platform to “Muse” on their blog. This time is about mediation and my love of the process. Here’s an excerpt: This fact of life is why, in almost every case, I recommend trying to settle the matter early, even if it is not a 100%…

Why Settlement is Often Worth Fighting For

Well, I’m back after what was several weeks of fun, depositions and settlement negotiations. Between a great family holiday trip and work, the month of January and some of February flew by and I didn’t have the time to keep up with my usual Monday posting schedule. Thank you to those that keep coming back. …

A Great How To on Mediation Practice (UPDATED)

Originally posted 2012-03-26 09:00:32. Republished by Blog Post PromoterAs regular readers of Construction Law Musings are aware, I just recently completed my training and mentor-ship for certification to practice mediation in the Virginia General District Courts. As a construction litigator, I have found that mediation can be extremely helpful in resolving construction disputes, particularly commercial…