Originally posted 2021-03-03 11:55:15. Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration. I am a fan of most ADR, but less of one for arbitration than for mediation. However, where the arbitration can be done under a good set of cost-containing
Originally posted 2014-08-08 09:00:52. As 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 cases, we charge by
Originally posted 2018-01-15 15:59:59. I often get calls from clients, potential construction clients, and other construction and business professionals with questions about arbitration or mediation clauses in the contracts that they are reviewing or drafting. When I get these calls, it often becomes clear that, understandably, there is some confusion as to what each of
Originally posted 2010-11-19 10:58:33. For this week’s Guest Post Friday, Musings welcomes back Doug Reiser (@douglasreiser), though from new digs. Doug is a construction attorney, LEED AP and the principal at Reiser Legal LLC in Seattle, WA. His office provides effective construction counsel for businesses in the construction industry. He also runs the Builders Counsel
Originally posted 2016-09-22 10:32:50. The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are: A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out).