Be 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 post last month, the Fourth Circuit Court of […]
More Musings From the Mediation Trenches
As those that read this construction blog on a regular basis know, I became a Virginia Supreme Court certified mediator a few years ago. I did so because I believe that mediation as a form of alternate dispute resolution is in most cases a much better alternative to resolve a construction dispute than litigation. While […]
Musings on the Virginia Mediation Network Fall Conference
As those of you who read this little corner of the legal blogging world know, I am now 3 years or so into my time as a Virginia Supreme Court certified mediator. I am also available and as active as possible for private mediations. Why go through the certification process as opposed to just using […]
Negotiation from Weakness- You’ll be Doing It
For 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 is one of the founders of She Negotiates […]
Why You Should Consider Mediation (Most of the Time)
As any reader of Construction Law Musings is aware, I am a huge fan of mediation as a way to resolve construction disputes. I am such a fan that a few years ago I took the plunge and got certified as a mediator. Why then did I put the caveat in the title of this […]