Category Archives: ADR

Personal Thoughts on Construction Mediation

Originally posted 2009-11-30 09:00:10. Republished by Blog Post PromoterAs I left a mediation last week at 8:30 at night, I realized something that I knew all along.  Mediation works. Why does mediation work?  For several reasons that I can think of. The first, and likely most important is that lawyers are expensive.  In most construction…

Breaking the Impasse by Understanding Blame

For this week’s Guest Post Friday (on a Thursday) here at Construction Law Musings, Victoria Pynchon (@vickiepynchon) joins us for the 4th time.  Victoria is an attorney-mediator with ADR Services, Inc. in Century City; an arbitrator with the American Arbitration Association in Los Angeles, California; and, a negotiation consultant and trainer world-wide.  Victoria co-founded She Negotiates…

Negotiation from Weakness- You’ll be Doing It

Originally posted 2010-10-16 20:16:58. Republished by Blog Post PromoterFor our first “Guest Post Saturday” here at Construction Law Musings, we have a great one.  Victoria Pynchon is an attorney-mediator with ADR Services, Inc. in Century City; an arbitrator with the American Arbitration Association in Los Angeles, California; and, a negotiation consultant and trainer world-wide.  Victoria…

Construction Mediation is Exhausting, but Worth It!

Originally posted 2010-03-29 09:00:29. Republished by Blog Post PromoterHere at Construction Law Musings, we have discussed mediation from numerous angles.  From a great Guest Post from Vickie Pynchon (@vpynchon) on Ways Your Construction Mediation will Fail to my own personal musings on the subject. All of the thoughts from these posts flooded to mind during…

E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale

Originally posted 2010-07-19 09:00:47. Republished by Blog Post PromoterWe have discussed arbitration clauses at length here at Musings.  From the judicious use of these clauses to help resolve disputes to waiver of rights under these clauses through inaction, arbitration clauses permeate the construction landscape.  A recent case out of the Western District of Virginia Federal…

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