Category Archives: ADR

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…

Arbitration is Waivable (Even If You Don’t Mean To)

Originally posted 2009-02-04 13:00:00. Republished by Blog Post PromoterBe careful with how you act with arbitration clauses in your contracts. If you are not careful in how you act to enforce these clauses, you could find yourself stuck in court whether you like it or not. As I stated in a recent update to a…