Matthew R. McCubbins | Faegre Baker Daniels | November 6, 2017 For over a century, the United States construction industry has promoted the use of non-judicial dispute resolution methods. These alternative dispute resolution (ADR) methods enable construction entities to handle disputes within the industry, and they often produce more favorable results — and more effectively… Continue reading Six Reasons Alternative Dispute Resolution May Be Right for Your Next Construction Project
Tag: Alternate Dispute Resolution
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
Construction Dispute Resolution Model involving Contractor Self-Performed Remediation
Jerome F. Rock | Jerome Rock Law This is a Construction Defect Resolution Facilitation Model customized for the unique conditions that often exist in a construction project; particularly when there is a dispute between the contractor and the owner concerning defects in the project. The unique feature of this approach is that the Neutral orchestrates… Continue reading Construction Dispute Resolution Model involving Contractor Self-Performed Remediation
Conflict? Construction Mediators Thrive On It
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
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