Alternative Dispute Resolution

I’ve blogged about arbitration in construction disputes on numerous occasions.  Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties’ agreement.  This is especially true when the gateway question is: Who decides whether the dispute is arbitrable—the court or the arbitrator?

In Massachusetts Highway

Yesterday, I received an email alert from the American Arbitration Association announcing ClauseBuilder, an on-line arbitration and mediation tool that assists individuals and organizations in drafting arbitration and mediation agreements. In today’s post, I review the program.
Continue Reading A Preliminary Review of the American Arbitration Association’s New ClauseBuilder

For all my Nashville and Middle-Tennessee friends, I want to take a moment to highlight two upcoming conferences.  Although the programs are geared towards construction lawyers, don’t shy away if you did not get a “shark degree” from Build ‘Em Big University … Each conference offers a little different glimpse depending on your career path.  

Who knew that dispute resolution was a lot like ordering from a menu?  Would you like one arbitrator or a panel of three arbitrators?  Would you like your jurisdictional questions to be determined by the court or the arbitrator?  Which arbitration rules do you want to apply?  So many choices . . .

Do you want a "reasoned award" in arbitration?

Recently, the American Arbitration Association revised and

You don’t always say what you mean. And you don’t always mean what you say. 

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. For example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Or when parties use the