Stanley Martin – September 10, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In 2013,… Continue reading Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Tag: dispute resolution
How to Make the Most of Mediation
Lynn M. Fischman Uniman – September 28, 2012 Today it seems that every case is mediated at some point, either voluntarily through private mediation services or involuntarily pursuant to court order. Mediation offers the parties a consensual resolution of their dispute at a relatively modest cost compared to litigating in court or before an arbitration… Continue reading How to Make the Most of Mediation
Cost of Construction Disputes Going Down
Julie D. Goldstein – July 24, 2012 A recent study and report by ARCADIS found that construction disputes in the U.S. lasted an average of 14.4 months in 2011, compared to 11.4 months in 2010. In contrast, the global average was only 10.6 months, and specifically disputes in the U.K. were resolved at only 8.7 months. … Continue reading Cost of Construction Disputes Going Down
Early Resolution Strategies for Real Estate Disputes
Ever-increasing pressures to resolve disputes quickly and efficiently make it critical to give early consideration to strategies to maximize means for prompt resolution of disputes by settlement or adjudication. By making an early and comprehensive factual investigation and preliminary legal analysis, and considering various alternative mechanisms for dispute resolution outside traditional litigation, the real estate… Continue reading Early Resolution Strategies for Real Estate Disputes
Administrative Fees Should be Considered When Selecting a Dispute Resolution Provision
Patrick J. Kearney – March 2, 2012 Both lawyers and clients agonize over the tactical advantages and disadvantages of arbitration and litigation. Generally, the reason for the prolonged deliberation is the parties are attempting to make a reasoned and informed decision when selecting a dispute resolution provision for their contract. Some parties prefer arbitration, because… Continue reading Administrative Fees Should be Considered When Selecting a Dispute Resolution Provision