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
Tag: mediation
An Uncompromising Insurer: What is a Policyholder to Do?
Eric Jesse | Lowenstein Sandler Eric Jesse addresses the unfortunately common experience during mediation of when an insurer balks at settlement resolutions: should a policyholder walk away, “pay and chase,” offer the right to receive insurance proceeds, or stand its ground? Speakers: Eric Jesse, Partner, Insurance Recovery READ THE TRANSCRIPT Eric Jesse: Hi, I’m Eric Jesse, partner… Continue reading An Uncompromising Insurer: What is a Policyholder to Do?
Construction Mediation Tips for Practitioners and ‘Eyes Only’ Tips for Construction Mediators
Stacy L. LaScala | Construction Executive Construction mediation can occur during or after construction and prior to or during arbitration or litigation. But, regardless of when a construction mediation occurs, its success often depends on the parties’ willingness to exchange critical information well in advance of the mediation session. TIPS FOR THE CONSTRUCTION PRACTITIONER 1.… Continue reading Construction Mediation Tips for Practitioners and ‘Eyes Only’ Tips for Construction Mediators
Mediation is (Almost) Always Worth a Shot
Christopher G. Hill | Construction Law Musings As Hurricane Ian is bearing down on Florida the economy is sputtering, it is easy to lose track of things that construction professionals (among others) can control. One of those things is how to resolve your construction dispute. When initial, and hopefully business-oriented, discussions break down and the construction lawyers get involved, often… Continue reading Mediation is (Almost) Always Worth a Shot
Can I be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?
William L. Porter | Porter Law Group It is not uncommon in the construction industry for an out-of-state general contractor to include a provision in a subcontract requiring a California subcontractor to resolve disputes outside the state of California, even though the work is to be performed within California. Fortunately, most California subcontractors are immune… Continue reading Can I be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?