Court Of Appeal Holds That Courts Can Order Parties To Engage In Dispute Resolution

Alex Radcliffe | Cooley The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council1 has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a non-court-based dispute resolution process. Background James Churchill bought a property adjoining land owned by the… Continue reading Court Of Appeal Holds That Courts Can Order Parties To Engage In Dispute Resolution

Construction Disputes and ‘Baseball’ Arbitration

Charles Jeremiah | Jackson Lewis A form of dispute resolution called “baseball” arbitration has increased in use and popularity in the construction industry to resolve all types of disputes, including employment disputes. The procedure has unique mechanisms that may be beneficial to construction industry employers in resolving disputes. Basics While long-used successfully in salary negotiations… Continue reading Construction Disputes and ‘Baseball’ Arbitration

ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles

Albert Bates, Jr. and R. Zachary Torres-Fowler | Pepper Hamilton Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus. In the United States, cities and states have enacted travel restrictions, issued shelter-in-place orders, and… Continue reading ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles

Mediation in USA

Rodney L. Lewis | Polsinelli | September 24, 2019 Law and policy Definitions Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’? Alternative dispute resolution (ADR) is a programme that encourages settlements outside the traditional enforcement process. ADR’s purpose is to help parties find mutually satisfactory solutions to their… Continue reading Mediation in USA

Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes

Kent B. Scott | Babcock Scott & Babcock This is the third installment in the series of articles on Dispute Resolution. Arbitration has long been favored as a means of resolving construction disputes.  Many standard construction contract documents provide for a mandatory binding arbitration of all disputes arising under or related to the contract. Arbitration… Continue reading Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes

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