Katelyn Mae Desrosiers | Butler Weihmuller Katz Craig LLP | December 10, 2015 When insurers dispute coverage, rather than the amount of loss, a court is the appropriate decision maker to resolve the coverage issue. However, when an insurer finds coverage, but disputes the amount of loss, appraisal is the appropriate venue to determine a… Continue reading Courts are for Coverage; Appraisals are for Amount
Category: Dispute Resolution
Avoiding Gamesmanship in Appointing Appraisal Umpires
G. Brian Odom | Zelle Hofmann | November 24, 2015 Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered an efficient means of resolving insurance claims is now… Continue reading Avoiding Gamesmanship in Appointing Appraisal Umpires
Getting Beyond Emotion in Mediation
Tony Lehman | The Dispute Resolver | November 23, 2015 Legal research and scientific research — especially in the psychological realm — overlap from time to time. A recent article in the ABA Journal was titled “Mediators find more tools through neuroscience” discusses how decision making in mediation may not be as logical and rational… Continue reading Getting Beyond Emotion in Mediation
Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Christopher G. Hill | Construction Law Musings | November 18, 2015 I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t have any more praise for the process than I have heaped upon it here at this corner of the construction law “blawgosphere.” Well, just about… Continue reading Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
David K. Nelson | Kean Miller | August 13, 2015 Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure. Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more… Continue reading Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”