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
Category: Dispute Resolution
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
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
Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America
Philip L. Bruner, Esq. | JAMS ADR Blog | November 10, 2016 Construction adjudication, the dispute resolution method credited with reducing construction litigation by more than 80 percent in the United Kingdom, is coming to North America. The adjudication method requires disputes arising during construction to be submitted to an adjudicator for a prompt initial… Continue reading Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America
Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub
Don Gregory, Eric Travers, Mike Madigan, Stephanie P. Union, and Timothy Kelley | Kegler Brown Hill + Ritter | October 27, 2016 Bonding companies often argue that payment is not yet due under a payment bond because of “pay if paid” clauses, alternative dispute resolution (“ADR”) requirements, or other provisions of subcontracts that purport to… Continue reading Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub