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Mediator

Construction Law Musings: You Have Choices (Litigation Versus Mediation)

As I sit here thinking about an impending trial in the Goochland County General District Court, it hit me that I also serve as a mediator in that court from time to time. Coincidentally, I will be “wearing both hats” (litigator and mediator) this week on back to back days. It will be interesting...

Construction Contracts, Mediation and Venue

I have preached the mantra of “ read your contracts carefully ” on numerous occasions here at Construction Law Musings. I have also discussed my thoughts on ADR and mandatory mediation . A recent case out of the Eastern District of Virginia mixes these two ideas quite nicely. Dominion...

Headline: Voluntary Construction Mediation Works

Well, I’m back. After a busy week of meeting with clients, college visits with my daughter and a successful mediation (this time as co-counsel), I am back to what I hope to be a more consistent posting schedule. Luckily for me, my friend Seth Smiley stepped in with a great Guest Post Friday...

Why You Should Consider Mediation for your Construction Dispute (Most of the Time)

As any reader of Construction Law Musings is aware, I am a huge fan of mediation as a way to resolve construction disputes. I am such a fan that a few years ago I took the plunge and got certified as a mediator . Why then did I put the caveat in the title of this post? Given my true belief that mediation...

To Require Arbitration or Not To Require Arbitration

Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one...

Anatomy of a Construction Dispute- An Alternative

Over the past three weeks, I’ve discussed three “stages” of a construction dispute from the claim , to how to increase the pressure for payment, to the litigation . While these three steps are all too often necessary tools in your construction collection arsenal, they are expensive...

More Musings From the Mediation Trenches

As those that read this construction blog on a regular basis know, I became a Virginia Supreme Court certified mediator a few years ago. I did so because I believe that mediation as a form of alternate dispute resolution is in most cases a much better alternative to resolve a construction dispute than...

Alert: AAA Construction Industry Rules Update

The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are: • A mediation step for all cases with claims of $100,000 or more (subject to the ability of...

Important Changes to the AAA Construction Industry Mediation and Arbitration Rules

By W. Alexander Burnett , Partner, Williams Mullen Introduction The American Arbitration Association (“AAA”) is one of the primary providers of alternative dispute resolution, such as mediation and arbitration, in the United States. Many construction contracts call for disputes to be...

Mediation in the Zero Sum World of Construction

Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer , have reviewed and edited a subcontract presented to you or provided a well drafted contract to the other party that contains an attorney fees provision ...