Originally posted 2020-10-28 15:24:01. Any regular reader of Construction Law Musings knows that I am both a great believer in mediation and a certified Virginia mediator. After the last few weeks in which I participated in mediation by Zoom, a Judicial Settlement Conference (read, court-ordered mediation with a retired judge), and will be participating in […]
Mediation Training: A View From the Other Side of the Table
Originally posted 2010-05-31 09:00:08. I have discussed my experiences with mediation and other thoughts on this alternative dispute resolution (ADR) process on several occasions here at Construction Law Musings. I’ve also shared the views of some of the other great folks and mediators that have been kind enough to guest post here, including Victoria Pynchon (@vickiepynchon) […]
Who Decides Who Can Arbitrate? The Court. . . .Sometimes
I have often discussed alternate dispute resolution (ADR) here at Construction Law Musings. In most of those posts, I’ve either discussed the advantages and/or disadvantages of arbitration or mediation. In any of the other ADR-related posts, the assumption was that the question about the arbitrability of the claim (namely that the claim was either properly […]
Is ADR Right for You? A Primer
Originally posted 2013-09-23 10:16:00. Several posts out here in the legal blogosphere have discussed alternative dispute resolution (ADR). One good post out there relating to arbitration is by my friend Matt Devries (@matthewdevries) at his great blog Best Practices Construction Law. In his post, Matt sets forth the case for arbitration as a dispute resolution […]
Musings on Why I Mediate
Originally posted 2013-02-04 09:00:50. This week, I’ve decided to jump off the legislative/mechanic’s lien train and get back to thoughts on one of, if not my number one, favorite dispute resolution process: mediation. As those of you who read Musings regularly know, I became certified as a mediator by the Virginia Supreme Court last year. […]