Kenneth Rubenstein | PretiFlaherty | June 30, 2015 The American Arbitration Association has issued revised Construction Industry Rules and Mediation Procedures, which are intended to provide “a more streamlined, cost-effective and tightly managed process.” Some of the most significant amendments include: A mediation step for all cases with claims of $100,000 or more (with both… Continue reading New American Arbitration Association Construction Industry Arbitration Rules in Effect July 1
Tag: mediation
Is the Med-Arb Format Right For You?
Nicholas P. Brown | The Dispute Resolver | December 11, 2014 As the cost of litigation has grown and the appetite for its attendant risks declined, owners and contractors have increasingly relied upon mediation and binding arbitration to resolve disputes. One particularly unique dispute resolution format is the combination mediation/arbitration (or “med-arb”) where the same… Continue reading Is the Med-Arb Format Right For You?
Can’t We All Just Get Along?
Diaz Reus – December 18, 2013 The benefits to mediation over litigation are substantial: it’s ultimately less expensive than proceeding to trial; it saves time; and it avoids the hidden costs of litigation, which often include reduced productivity and, likely, profitability. Moreover, it is usually a court ordered requirement prior to proceeding to trial. Mediation… Continue reading Can’t We All Just Get Along?
OSHA Announces Alternative Dispute Resolution Pilot Program
Edwin G. Foulke, Jr. – October 17, 2013 As apart of its enhanced whistleblower focus, the Occupational Safety and Health Administration (OSHA) is launching an alternative dispute resolution (ADR) pilot program for complaints filed with OSHA’s Whistleblower Protection Program. OSHA’s ADR program is intended to assist complainants and employers in resolving their disputes in a… Continue reading OSHA Announces Alternative Dispute Resolution Pilot Program
Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Stanley A. Martin – September 9, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In… Continue reading Conditions Precedent to Dispute Resolution: a Help or a Hindrance?