Joan B. Kessler | JAMS Regarding communications in arbitrations and mediations, a neutral who interacts with litigants from different backgrounds may wish to establish common ground, emphasize similarities, and establish empathy to help the litigants feel more comfortable in the exchange. Also, the participating attorneys representing the litigants may wish to build a rapport not… Continue reading The Importance of Empathy and Effective Listening in Arbitration and Mediation
Category: Arbitration
Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
James T. Dixon | Construction Executive With litigation as the default method for the resolution of disputes of all types, the construction industry has long used its contracting terms to fashion alternatives. These include mediation, arbitration, dispute resolution boards, partnering, early neutral evaluation, fact-finding and the use of an initial decision maker. Even with these… Continue reading Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
Courts Generally Favor the Enforcement of Arbitration Provisions
David Adelstein | Florida Construction Legal Updates In recent posts (here and here) I have discussed arbitration provisions and cases dealing with the enforceability of arbitration provisions. The case of Lemos v. Sessa, 46 Fla.L.Weekly D701a (Fla. 3d DCA 2021) deals with two noteworthy principles when it comes to arbitration that warrant another post about arbitration provisions. First, courts will… Continue reading Courts Generally Favor the Enforcement of Arbitration Provisions
Clearly Determining in Contract Who Determines Arbitrability of Dispute
David Adelstein | Florida Construction Legal Updates As you know from prior postings: “Arbitration provisions are creatures of contract and must be construed ‘as a matter of contract interpretation.’ ” Fallang Family Limited Partnership v. Privcap Companies, LLC, 46 Fla.L.Weekly D639e (Fla. 4th DCA 2021) (citation omitted). Thus, if you prefer to arbitrate potential disputes, instead of litigating… Continue reading Clearly Determining in Contract Who Determines Arbitrability of Dispute
AAA Releases Discovery Best Practices for Construction Arbitration
Patrick McKnight | Forum on Construction Law The American Arbitration Association (“AAA”) recently released an important new document, “Discovery Best Practices for Construction Arbitration: Recommendations for AAA Construction Advocates and Arbitrators.” These best practices are intended to “educate advocates and arbitrators to better manage pre-hearing exchanges of information in construction disputes.” Generally, the seven-page document… Continue reading AAA Releases Discovery Best Practices for Construction Arbitration