I 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 litigation despite various ADR provisions in the contract
Originally posted 2017-12-11 09:24:23. This week’s Musings on one of my favorite topics, mediation, and how I believe it helps construction lawyers like me is hosted over at ALPS411. Thanks to the folks over at ALPS for an opportunity to “muse” over there for a second time. Here’s a short excerpt: As a litigator and
Yesterday 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 of how far mediation (and ADR in general)
Over 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 “last straw” in a construction dispute, namely, arbitration
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%