Rick Zieglowsky | American Arbitration Association Construction projects today involve increasing complexity, leading to more frequent and intricate disputes. To avoid costly litigation and secure a decision-maker with industry expertise, many in the construction industry turn to alternative dispute resolution (ADR), with the first critical step being the drafting of an effective ADR clause. Effective… Continue reading Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
Tag: Alternate Dispute Resolution
Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally
Peter Kamminga | JAMS In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common misconceptions and mastering their application. Successful DRBs have not only swiftly resolved conflicts, but also streamlined… Continue reading Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally
Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts
Loni Hinton | Davis Wright Tremaine Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today’s increasingly litigious world, it is important for parties to consider their dispute resolution options before “checking the box.” Most parties are familiar with the AIA A201-2017’s claim procedure, which includes mediation,… Continue reading Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts
Court Of Appeal Holds That Courts Can Order Parties To Engage In Dispute Resolution
Alex Radcliffe | Cooley The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council1 has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a non-court-based dispute resolution process. Background James Churchill bought a property adjoining land owned by the… Continue reading Court Of Appeal Holds That Courts Can Order Parties To Engage In Dispute Resolution
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