Originally posted 2016-02-15 09:00:48. Well, I’m back after what was several weeks of fun, depositions and settlement negotiations. Between a great family holiday trip and work, the month of January and some of February flew by and I didn’t have the time to keep up with my usual Monday posting schedule. Thank you to those […]
Why You Need a Contract Mediation Clause
Originally posted 2017-09-25 15:59:37. For this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley. Seth is the managing member of Smiley Law, a boutique law firm located in New Orleans, Louisiana. Seth handles all aspects of construction cases from initial contracting to payment once work is complete. Other areas of focus […]
I’m Adding Arbitration to my ADR Services
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 […]