Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution

Brian Gaudet | Kilpatrick Townsend & Stockton An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Alternative dispute resolution in the construction context typically means arbitration and mediation. Dispute review boards and executive negotiations are some others, but those are… Continue reading Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution

Mediation: Investing in the Solution

Kent B. Scott | Babcock Scott & Babcock 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 find a better… Continue reading Mediation: Investing in the Solution

The Shifting Sands of Alternative Dispute Resolution

Tim Scully | Porter Law Group In California there are few tools which work to protect the employer, and California employers may have just lost another one. On October 10, 2019, Governor Gavin Newson signed into law AB 51, which bans the use of mandatory arbitration agreements in employment contracts. More specifically, AB 51 adds… Continue reading The Shifting Sands of Alternative Dispute Resolution

What is an Alternative Dispute Resolution?

Bremer Whyte Brown and O’Meara | August 19, 2019 Alternative Dispute Resolution (“ADR”) is a term that refers to a number of processes that can be used to resolve a conflict, dispute, or claim. ADR processes are alternatives to having a court decide the dispute in trial. ADR processes can be used to resolve any… Continue reading What is an Alternative Dispute Resolution?

Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts

Robert Alfert, Jr. and Edward R. Philpot | Nelson Mullins Riley & Scarborough LLP | November 2, 2018 “Litigation is a basic legal right guaranteeing every corporation its decade in court.” Attributed to David Porter, Executive Vice President of Microsoft. Most courts and juries are ill-equipped to handle complex business and technical litigation matters, yet most… Continue reading Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts