Category Archives: ADR

Mediation Musings From the Trenches

As I posted quite a while ago, I have been going through the Virginia Supreme Court mediation certification training.  Part of that training is a series of co-mediations where I get to essentially mediate a dispute with the supervision of a trained and experienced mentor helping smooth the edges.  This past week, I was able…

Read Your Construction Contract Arbitration Clauses Carefully

In May of last year, we discussed an opinion in U.S. ex rel. Thyssenkrupp Safway Inc. v. Tessa Structures LLC.  If you recall, this case involves a three way payment dispute between a supplier, Thyssenkrupp, a subcontractor, Tessa Structures, and a general contractor, Vista Contracting.  As discussed in the prior post, Thyssenkrupp did not get…

More Thoughts from the Other Side of the Mediation Table

I have stated on many occasions here at Musings that mediation is a great solution in many, if not most, construction cases. As a construction lawyer, there are very few cases in which I do not at least broach the subject of mediation with my client and likely with opposing counsel.  When wearing my advocate/counselor…

Six Ways to Ensure Your Construction Mediation Will Fail

Originally posted 2009-06-05 09:00:00. Republished by Blog Post PromoterFor this week’s Guest Post Friday, Musings has a real treat. Victoria Pynchon mediates and arbitrates complex commercial litigation, including multi-party construction disputes, for ADR Services, Inc. in Los Angeles, California. She blogs about negotiation at the Settle It Now Negotiation Blog and about the mediation and…

If You’re Negotiating a Raise or Resolving a Construction Dispute. . . Read this Book

Originally posted 2010-11-01 11:05:29. Republished by Blog Post PromoterAre you a lawyer, real estate pro, contractor, or just a person negotiating his or her way through life?  If you didn’t answer “yes” to this question, I would be surprised.  We don’t all think of ourselves as negotiators or mediators, but any attorney or individual who…

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