Ali Fard | Ankura Alternate Dispute Resolution (ADR) mechanisms are generally designed to deliver time and cost efficiency, procedural flexibility, and confidentiality. However, one key consideration that is often understated is the degree of confidence the chosen ADR method can provide in achieving a fair and reasonable outcome. Many dispute resolution specialists have experienced utterly… Continue reading Use of Expert Determination as an ADR Method
Category: Dispute Resolution
California Civil Code 8850: A New Era for Change Order Claim Resolution
Leah R. Mohammadi and Ariel Shaeps | Allen Matkins Senate Bill No. 440: The Private Works Change Order Fair Payment Act. Signed into law on October 10, 2025, SB 440, which has been codified as California Civil Code Section 8850 (Act), establishes a mandatory, step-by-step dispute resolution process for change order claims on private construction… Continue reading California Civil Code 8850: A New Era for Change Order Claim Resolution
AI Arbitrator is Paving the Way for the Future of Dispute Resolution
Chad Caplan and Janelle Pelli | Hinckley Allen The American Arbitration Association (AAA) has launched a new tool, called the AI Arbitrator, that is expected to render binding decisions the AAA expects will be enforceable in court like any other arbitration award. Its use is currently limited to construction disputes between two parties that can… Continue reading AI Arbitrator is Paving the Way for the Future of Dispute Resolution
Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed
Richard Erickson | Snell & Wilmer As a mediator helping to settle construction disputes and as an arbitrator deciding outcomes of these disputes, I found certain lessons to be especially helpful after graduating last summer from the Executive Education program at Harvard Kennedy School (HKS). The exceptional HKS curriculum included courses focused on negotiation strategies… Continue reading Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed
Dispute Resolution Clauses – 2 Minute Drafting Tips: Bulletin #7 – The Pros and Cons of Multi-Tiered/Escalating Dispute Resolution Clauses
Matthew Ghikas | Fasken The purpose of this bulletin, the seventh in our “Dispute Resolution Clauses – Two Minute Drafting Tips” series, is to provide parties involved in negotiating commercial agreements with quick, actionable tips for crafting effective dispute resolution clauses. This bulletin discusses the pros and cons of multi-tiered/escalating dispute resolution clauses. Multi-tiered dispute… Continue reading Dispute Resolution Clauses – 2 Minute Drafting Tips: Bulletin #7 – The Pros and Cons of Multi-Tiered/Escalating Dispute Resolution Clauses