Kent B. Scott | Babcock Scott and Babcock | January 5, 2018 This is the second installment in the series of articles on Dispute Resolution. The AIA – A-201- General Terms of the Construction Project, provides a requirement for the parties to mediate their dispute before resorting to arbitration or litigation. The contract requirement, in… Continue reading Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Category: Mediation
Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?
Brian J. Laliberte | Tucker Ellis | November 16, 2017 I. Introduction Mediation as a dispute resolution mechanism does not succeed because courts, statutes, or rules impose a good faith standard on participants or sanction bad faith conduct. Mediation succeeds because litigants and their lawyers prepare their case, know their objectives, and work to achieve… Continue reading Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?
Mediation: Investing in the Solution
Kent Scott | Babcock Scott & Babcock | October 6, 2017 Mediation is an effective alternative dispute resolution method that empowers the parties to resolve their dispute while preserving their resources in terms of time, money and effort. Mediation is a dispute resolution process where the opposing parties meet with a neutral third party to… Continue reading Mediation: Investing in the Solution
The Construction Attorney’s Toolbox—Building Solutions Through Mediation
Kent B. Scott | Babcock Scott & Babcock | August 18, 2017 Introduction Today’s current economic climate challenges owners and contractors to complete projects in less time for less money. These pressures have created more demanding time schedules and monetary budgets that, in turn, have created an increased number of disputes. Another developing trend is… Continue reading The Construction Attorney’s Toolbox—Building Solutions Through Mediation
The Ten Most Widely Used Alternative Dispute Resolution Methods
Matthew R. McCubbins | Faegre Baker Daniels | August 9, 2017 Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent dissatisfaction. Arbitration frequently assumes the hallmarks of a judicial proceeding… Continue reading The Ten Most Widely Used Alternative Dispute Resolution Methods