Stanley A. Martin – September 9, 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… Continue reading Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Tag: mediation
New Jersey Mediation Settlements Must Be Reduced to Writing
Robert Trautman – September 8, 2013 Most people battling their insurance carrier over Hurricane Sandy claims have received a notice that they are entitled to participate in a nonbinding mediation process set up by the Department of Banking and Insurance. A recent New Jersey Supreme Court ruling mandates that any settlement reached in this or… Continue reading New Jersey Mediation Settlements Must Be Reduced to Writing
Florida’s DFS Mediation Program Needs Help
Nicole Vinson – August 10, 2013 Floridians with residential property damage claims have a right to demand participation in the state mediation program if they have a dispute with their insurance company, but are disputes really getting resolved in these non-binding mediations? The Department of Consumer Services, a section of the Department of Financial Services,… Continue reading Florida’s DFS Mediation Program Needs Help
Expert Shares Tips on Successfully Mediating Claims
Denise Johnson – April 3, 2013 James Curry, a presenter at this year’s Combined Claims Conference in Long Beach, Calif., practiced in-house insurance defense work for 35 years and recently started his own mediation practice based in the San Fernando Valley. In an interview with Claims Journal, Curry, a seasoned mediator, provided tips to assist… Continue reading Expert Shares Tips on Successfully Mediating Claims
Electrical Discovery In Commercial, Construction Disputes Poses Challenges
Gregory R. Meeder – March 13, 2013 Arbitration and mediation, two forms of alternative dispute resolution (ADR), are popular forums in which to resolve commercial and construction disputes because ADR is considered less expensive, faster and more efficient than court litigation. In recent years, however, ADR — specifically arbitration — has been criticized as becoming no… Continue reading Electrical Discovery In Commercial, Construction Disputes Poses Challenges