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 […]
Breaking the Impasse by Understanding Blame
Originally posted 2012-06-08 09:00:48. For this week’s Guest Post Friday (on a Thursday) here at Construction Law Musings, Victoria Pynchon (@vickiepynchon) joins us for the 4th time. Victoria 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 […]
One Way Arbitration Provisions are Enforceable in Virginia
Here at Construction Law Musings, I’ve discussed arbitration clauses (pros and cons) as well as the fact that in our fair Commonwealth, contracts are enforced as written (for better or worse). A case out of the Eastern District of Virginia takes both of these observations and uses them to make it’s decision. In United States […]