Kent Scott | Babcock Scott & Babcock | October 6, 2017 Mediation is an effective alternative dispute resolution method that empowers the parties to resolve their dispute while preserving their resources in terms of time, money and effort. Mediation is a dispute resolution process where the opposing parties meet with a neutral third party to… Continue reading Mediation: Investing in the Solution
Category: Dispute Resolution
The Relevance and Reasonableness of Destructive Testing
David Adelstein | Florida Construction Legal Updates | August 12, 2017 Destructive testing is a routine investigatory procedure in construction defect disputes. The destructive testing is necessary to determine liability (causation), the extent of damage, and the repair protocol. Destructive testing is designed to answer numerous questions: Why did the building component fail? Was the… Continue reading The Relevance and Reasonableness of Destructive Testing
The Ten Most Widely Used Alternative Dispute Resolution Methods
Matthew R. McCubbins | Faegre Baker Daniels | August 9, 2017 Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent dissatisfaction. Arbitration frequently assumes the hallmarks of a judicial proceeding… Continue reading The Ten Most Widely Used Alternative Dispute Resolution Methods
Thinking Beyond the Dispute Resolution Provision in Construction Disputes
Benjamin Pollock | King & Spalding | June 5, 2017 When parties cannot resolve a claim during a major construction project, the contracts dispute resolution provisions do not always need to read as step-by-step instructions. To the contrary, the situation may warrant a different approach that can be negotiated after the dispute arises. While agreement… Continue reading Thinking Beyond the Dispute Resolution Provision in Construction Disputes
Resolving Disputes Regarding Value of the Loss through the Appraisal Process
J. Robert Keena | Hellmuth & Johnson PLLC | June 13, 2017 With an increase in storm damage events throughout the Midwest, insurers are becoming increasingly frugal when adjusting storm damage losses. In the past, disputes regarding the value of the loss typically involved disagreements on pricing. Today more aggressive practice by insurers on even… Continue reading Resolving Disputes Regarding Value of the Loss through the Appraisal Process