Joan B. Kessler | JAMS Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions. While the words that are spoken are critical to assessing communication, assessing the meaning of words through evaluating nonverbal gestures and cues, body language and eye… Continue reading The Significance of Nonverbal Communication in Mediation and Arbitration
Category: Arbitration
Improving Arbitration By Private Right of Appeal
Patricia H. Thompson | Forum on Construction Law The belief that there can be no appellate remedy for erroneous arbitration awards is widespread but mistaken. Granted, the Federal Arbitration Act (FAA) and many state arbitration statutes provide limited judicial relief from a final arbitration award.1 Indeed, the FAA does not allow for any judicial appellate review of an… Continue reading Improving Arbitration By Private Right of Appeal
Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator
Christopher Massaro and Adam Sklar | Cole Schotz Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed directly to arbitration. Often, however, settlement discussions will ensue during the arbitration as costs begin to mount… Continue reading Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator
So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases.
Stephanie Nolan Deviney | ConsensusDocs As a General Contractor, you may prefer to arbitrate any contractual disputes rather than engage in protracted litigation. Many Courts favor arbitration clauses and will enforce them if there is a sufficient reason to do so. However, there are several issues that a General Contractor should consider when including an… Continue reading So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases.
Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable
Garret Murai | California Construction Law Blog Subcontractors have gotten accustomed to incorporation clauses in their contracts. While an incorporation clause can incorporate any document, most typically, it’s the prime contract between the general contractor and the project owner. Subcontractors will sometimes even accept these documents sight unseen which can be a recipe for disaster.… Continue reading Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable