I know, you are likely surprised by the title of this post. You’ve read Construction Law Musings for a while now and know that as a Virginia Supreme Court certified mediator, I have advocated mediation as a great way to resolve your construction disputes short of the expensive and time consuming litigation process. Knowing all of […]
Construction Mediation (Often) Isn’t About Money
Did the title of this week’s Musings get your attention? I hope so. If it didn’t, maybe I should say it again. Mediation (often) isn’t about money. I know, you thought that the bottom line in litigation or other dispute resolution (particularly in the construction field) was money. Before I added “construction mediator” to the […]
When Is Mandatory Arbitration Not Mandatory?
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 […]
Construction Law Musings Takes a Trip
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 […]
Conflict? Construction Mediators Thrive On It
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) […]