Michael Filbin | The Dispute Resolver In the April 27, 2023 edition of Division 1’s Toolbox Talk Series moderated by Manuel del Valle, Sergio Andre Laclau (Partner at Mello Torres) and Liza Akins (Senior Assistant GC and Division Counsel at ARCO Design/Build) offered the following strategies for drafting effective ADR clauses in construction contracts: 1. Define… Continue reading Toolbox Talk Series Recap – Considerations for Optimizing Dispute Resolution Clauses
Category: Dispute Resolution
Construction Professionals Should Consider Early Dispute Resolution Proceedings to Resolve Disputes
David M. Clarke | Gordon Rees Scully Mansukhani The judicial logjam caused by the pandemic increased demand for alternative dispute resolution (“ADR”), with some studies showing as much as a 17% rise over pre-pandemic use. The pandemic has also given rise to, or at least increased the use of, new alternatives to traditional ADR. One… Continue reading Construction Professionals Should Consider Early Dispute Resolution Proceedings to Resolve Disputes
What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts
Chris J. Chasin | Duane Morris Many in the construction sector are hesitant to dwell on dispute resolution clauses. After all, when your goal is to build something together, anticipating conflicts at the outset of the relationship can feel unseemly. But this hesitance relies on a misconception of what dispute resolution is: it isn’t the… Continue reading What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts
Proposing a New ADR Service: Mediated Evaluation
John W. Hinchey, Esq. | JAMS Sometimes, the traditional forms of alternative dispute resolution (ADR) don’t always neatly address the needs of parties. The gaps help explain the recent trend in the ADR community to combine dispute resolution procedures into one seamless service. For example, we’ve seen mediators transition to decision-makers with med-arb, and with… Continue reading Proposing a New ADR Service: Mediated Evaluation
Construction Disputes and ‘Baseball’ Arbitration
Charles Jeremiah | Jackson Lewis A form of dispute resolution called “baseball” arbitration has increased in use and popularity in the construction industry to resolve all types of disputes, including employment disputes. The procedure has unique mechanisms that may be beneficial to construction industry employers in resolving disputes. Basics While long-used successfully in salary negotiations… Continue reading Construction Disputes and ‘Baseball’ Arbitration