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 […]
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 […]
Because I Haven’t Mentioned Mediation Lately. . .
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 another mediation in person […]