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
Category: Dispute Resolution
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
Dispute Resolution Methods: Uses of Alternative Dispute Resolution
Adam Waks | Davis Wright Tremaine Family businesses are full of dynamics that are not present in other business types. While there are many benefits to the familial relationships present in family businesses, it can also mean that disagreements can feel more personal and issues that stem from outside of the business can lead to… Continue reading Dispute Resolution Methods: Uses of Alternative Dispute Resolution
Arbitration Clauses Should Work For You, Not Against You
Jihee Ahn | Harris Bricken Most people who are (luckily) not familiar with litigation believe alternative dispute resolution (or “ADR”) clauses in their contracts are essentially boilerplate language that’s recycled again and again in every contract. However, well-drafted ADR clauses can not only give you a huge advantage if an issue comes up, they may… Continue reading Arbitration Clauses Should Work For You, Not Against You