JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

John W. Hinchey, Esq. and Leslie King O’Neal | JAMS Click here to listen to the audio In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their observations on how ADR has changed within the construction space… Continue reading JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

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

Inside The Minds And Hearts Of Dispute Resolution Neutrals

Christopher Keele | JAMS My thoughts on how mediators and arbitrators really think and act At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves.… Continue reading Inside The Minds And Hearts Of Dispute Resolution Neutrals

Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

Marie Devereux and Roberta Downey | Vinson & Elkins Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution (“ADR”) processes that parties would need to go through or follow before referring a dispute to… Continue reading Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

Spotlight: Alternatives to Litigation in USA

Perry J. Goffner and Timothy G. Cameron | Cravath, Swaine & Moore All questions Alternatives to litigation i Overview Given the time, disruption and expense associated with litigation, some parties opt to settle their disputes out of court through ADR procedures. Arbitration and mediation are the most common alternatives. ii Arbitration Arbitration is the submission… Continue reading Spotlight: Alternatives to Litigation in USA

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