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
Category: Dispute Resolution
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”
10 Inside Secrets to Better Construction Expert Witness Depositions & Testimony
Eugene Peterson | Advise & Consult, Inc. | September 11, 2015 An attorney and their expert witness should have the same end goal in mind; they just walk on different sides of the fence to get to that goal. This list is to help you communicate as you walk along that fence and get the… Continue reading 10 Inside Secrets to Better Construction Expert Witness Depositions & Testimony
AIA Contract Dispute Resolution Choices – What Does “Other” Mean?
Stan Martin | Duane Morris LLP | January 28, 2015 The AIA contract forms include three options for dispute resolution: arbitration, litigation, and “other.” A Connecticut Superior Court judge has concluded that parties who chose “other” by specifying “Architect” were in fact choosing arbitration by the project architect. Thus, when the contractor didn’t file a… Continue reading AIA Contract Dispute Resolution Choices – What Does “Other” Mean?