Resources for Construction Lawyers and ADR Professionals
The American Arbitration Association®[i] in partnership with the Early Dispute Resolution Institute,[ii] now offers Early Dispute Resolution Mediation (EDR). EDR Mediation is a structured process, not a one day, all or nothing event. The flexible, four step process allows parties to make…
It was a great honor to share the stage with two extraordinary mediators: the Hon. Victoria Chaney and Steve Nelson, as well as claims professional, Lee Wright[1] at the CLM Construction Conference[2] held in San Diego, CA, last week. We shared our…
It’s been a great year for our blog. We’ve covered many different ADR tools and topics in the past year. Here are a few highlights of posts on arbitration, mediation, artificial intelligence, insurance, and other ADR topics. We are looking forward to…
What happens when you put four construction mediators together? Of course, they talk about their experiences mediating construction cases.
Backup singers and groups play important roles in all types of music, sometimes with credit and sometimes without. Rock & roll fans may find it hard to imagine Gladys Knight without the Pips or Tom Petty without the Heartbreakers.[i] The Academy award…
While representing clients in mediation is part of most construction attorneys’ practices, few attorneys receive formal training about this aspect of their work. Mediation representation training is given short shrift compared to its more glamorous cousin, trial advocacy training. As a result,…
Willie Sutton was a notorious bank robber in the 1920’s and 1930’s.[i] Over his 40-year criminal career, he stole at least $2 million. When a reporter asked him why he robbed banks, he allegedly said, “Because that’s where the money is.” [ii]…
A recent article in the ABA Dispute Resolution Section newsletter[i] asserts mediation has become “a protracted, complex proceeding” contrary to its purpose. Written in a lively tone and citing Voltaire, B.F. Skinner, Sir Isaac Newton, and Ivan Pavlov (with references to Bob…