Readers of this construction law blog know that I am a huge fan of mediation to resolve construction disputes. In that vein, I became a certified mediator and have provided mediation services for quite a while now. I have also had mixed feelings about arbitration as a required means of alternative dispute resolution (“ADR”) because […]
Talking Mediation at AEC Forensics
Originally posted 2017-08-14 09:23:20. Thank you to my friend and relatively frequent guest poster here at Construction Law Musings, Brian Hill (@aecforensics) for letting me invade his great blog on risk management and best construction practices, AECforensics.com, and talk about one of my favorite topics, mediation. As I have said on many an occasion, mediation […]
To Require Arbitration or Not To Require Arbitration
Originally posted 2014-12-15 09:00:36. Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one […]
Construction Mediation is Exhausting, but Worth It!
Originally posted 2010-12-27 09:00:05. Here at Construction Law Musings, we have discussed mediation from numerous angles. From a great Guest Post from Vickie Pynchon (@vpynchon) on Ways Your Construction Mediation will Fail to my own personal musings on the subject. All of the thoughts from these posts flooded to mind during one long mediation experience […]
Six Ways to Ensure Your Construction Mediation Will Fail
Originally posted 2011-10-31 09:00:15. For this week’s Guest Post Friday, Musings has a real treat. Victoria Pynchon mediates and arbitrates complex commercial litigation, including multi-party construction disputes, for ADR Services, Inc. in Los Angeles, California. She blogs about negotiation at the Settle It Now Negotiation Blog and about the mediation and arbitration of intellectual property […]