Gregory R. Meeder – March 13, 2013 Arbitration and mediation, two forms of alternative dispute resolution (ADR), are popular forums in which to resolve commercial and construction disputes because ADR is considered less expensive, faster and more efficient than court litigation. In recent years, however, ADR — specifically arbitration — has been criticized as becoming no… Continue reading Electrical Discovery In Commercial, Construction Disputes Poses Challenges
Category: Arbitration
Arbitration vs. Litigation – 5 Issues to Consider
J. David Arkell and Benjamin M. Petre – February 14, 2013 Our topic for the month… Deciding whether to utilize a mandatory arbitration clause in a contract is important, especially in the construction industry. Advantages and disadvantages of litigation versus arbitration should be carefully weighed before entering into a contract or subcontract. Factors to consider:… Continue reading Arbitration vs. Litigation – 5 Issues to Consider
Arbitrating Construction Defect Claims
Wally Zimolong – February 18, 2013 The headline of a recent article on Lexology grabbed my attention: “How to Guarantee the HOA Can’t Litigate the Condo Construction Defect Claims.” The authors’ means to preventing litigation of construction defect claims was even more intriguing: arbitration clauses. How can arbitration clauses guarantee that no ligation over construction defect… Continue reading Arbitrating Construction Defect Claims
The Only Four Good Reasons to put Arbitration in Your Contract
Liz Kramer – January 4, 2013 Let’s say you are considering updating your form contract, or you are in the midst of negotiating a new contract with someone. Should you include mandatory arbitration for resolving any disputes? Assuming you have the choice, my view is you should only include arbitration if at least one of… Continue reading The Only Four Good Reasons to put Arbitration in Your Contract
Which costs less: Arbitration or Litigation?
Alan Dabdoub and Trey Cox – December 6, 2012 A case study shows that when it comes to expenditures and resolution time, litigation is cheaper and faster In our first column, we talked about three situations in which arbitration can help eliminate some corporate litigation pitfalls. Here, we share a comparative study of 19 single-plaintiff cases—nine… Continue reading Which costs less: Arbitration or Litigation?