Conflict? Construction Mediators Thrive On It

Christopher Hill | Construction Law Musings | November 21, 2016 Yesterday I attended a great CLE/CME (Continuing Mediator Education) seminar entitled “Brave New World for Mediation: Skills for Forging the Future.”  Aside from the skills learned from the mediators at the seminar, one thing stuck with me from the keynote speech. In the course of… Continue reading Conflict? Construction Mediators Thrive On It

Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation

Mike Gaddis, Ph.D., Taj Clayton and Steven H. Stodghill | Fish & Richardson PC | November 30, 2016 There is a widespread belief that arbitration is unequivocally a better, faster, and cheaper alternative to litigation.  According to some advocates, the advantages of arbitration include (1) saving money by streamlining procedure and limiting discovery; (2) reaching… Continue reading Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation

To Arbitrate Or Not To Arbitrate – Or Do We Even Get To That Question?

Stephanie U. (Roberts) Eaton | Spilman Thomas & Battle | November 4, 2016 Chances are that if you work in the construction industry, you have had at least one construction dispute. The longer you work in the construction industry, the greater chance you have of encountering a dispute that does not go away with phone… Continue reading To Arbitrate Or Not To Arbitrate – Or Do We Even Get To That Question?

Construction Mediation Presents Unique Challenges and Opportunities

William J. Cea | Daily Business Review | November 17, 2016 Construction mediation presents unique challenges and opportunities that can determine the outcome. Here is some practical guidance based on our experience. Proper preparation and participation in mediations requires an understanding of the pyramid of parties, how the timing affects potential settlement options and whether… Continue reading Construction Mediation Presents Unique Challenges and Opportunities

Undocumented Oral Agreement Came Within Scope of Written Arbitration Clause

Stan Martin | Commonsense Construction Law LLC | November 16, 2016 A hauling company submitted bids for removal of three different types of construction debris, and the parties agreed on and signed a contract covering two of those categories. Later, by oral agreement the third category initially bid on was added at a different price,… Continue reading Undocumented Oral Agreement Came Within Scope of Written Arbitration Clause