Callie Yu | Madison Law Not every legal dispute needs to go to court. In fact, many conflicts can be resolved faster and more affordably through alternative dispute resolution (“ADR”) methods such as mediation or arbitration. Understanding the differences between these options can help you choose the best approach for your case. Mediation Mediation is a private… Continue reading Mediation, Arbitration, Or Litigation: Which Option Is Best For You?
Tag: litigation
Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?
Todd M. Conley | Womble Bond Dickinson Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule and on budget; when they do not, the contractor and owner often vigorously… Continue reading Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?
5 Things to Consider Before you Begin Facilitation
Matthew J. Boettcher | Don’t Bet the Business The start of a lawsuit often brings with it a sense of dreadful anticipation. There is an energy, a commitment and hopefully a goal. Also present is apprehension of both the known and unknown of what is to come. Those who have experienced litigation know of the… Continue reading 5 Things to Consider Before you Begin Facilitation
Arbitration or Court for Construction Disputes: The Pros and Cons
Kyle Doiron and David Taylor | Bradley Arant Boult Cummings Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of court or arbitration. Trial courts, overwhelmed by a flood… Continue reading Arbitration or Court for Construction Disputes: The Pros and Cons
Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
Rebecca L. Gobeil | Gordon Rees Scully Mansukhani Current AIA standard form agreements allow for a choice between binding arbitration or litigation, with a further option to enforce mediation as a condition precedent to proceeding with the selected dispute resolution method. Each option has its advantages and disadvantages – and one option does not fit… Continue reading Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting