Category: Construction

Where there is construction, there are contracts. Typically, these contracts are obtained through a competitive, hard-bid process, which is often...

Every ending is just a new beginning. We just don’t know it at the time.  Mediators inhabit this strange world...

JAMS ADR Blog by Chris PooleLarge-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks,...

Mediation and Business Consulting by Kathleen Kauth.What do helicopters do best?  They hover.  There is a term for over zealous...

An article excerpt by Halima Rafia, François Bogacz, David Sander, and Olga Klimecki. Originally published by Science Direct, here: https://www.sciencedirect.com/science/article/abs/pii/S0010945220302240?dgcid=coauthor.Previous...

Reprinted with permission from the Dispute Resolution Journal, vol. 74, no. 3 (June 2020). © 2004 American Arbitration Association, all...

Online Dispute Resolution Pioneer Colin Rule Named Mediate.com CEO Former eBay and PayPal Exec to Focus on Global Expansion and...

Whilst the construction industry worldwide is plagued by disputes, construction disputes in the Middle East have two distinct characteristics. The...

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.Our series, My Favorite Resource, features...

A previous version of this article, in Chinese, was first published in the Construction Guide, August 2018, by World Journal,...

Construction projects often produce disputes.  Mediation can help resolve such disputes, quickly, confidentially, and efficiently.  This Article offers ten tips...

Acceleration and early completion of a construction project, ahead of schedule, has many potential advantages, including economic as well as...

From ADRAC- The Australian Dispute Resolution Advisory Council Blog, organized with Shirli Kirschner This paper was prepared and settled jointly by the...

Conflict Remedy Blog by Lorraine SegalI have unfortunately worked for more than one boss who was a bully. And since...

Originally printed in Psychology Today here.  Morton Deutsch, eminent psychologist, Columbia University professor, mentor extraordinaire, and one of the founders...

JAMS ADR Blog by Chris PooleMany construction lawyers who specialize in transactional work acknowledge that they do not spend much...

Consensus Building Approach by Larry SusskindI am trying to build a MOOC (an open course on line) that will help...

JAMS ADR Blog by Chris PooleThis article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes...

JAMS ADR Blog by Chris PooleHow can you economically and effectively settle the single-family construction defect case?  In a recent...

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Fifth Circuit Court of Appeals has reversed its prior decision...

“[Mediation has the] capacity to reorient parties toward each other not by imposing rules on them, but by helping them...

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Supreme Court of Texas has agreed to review whether an...

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThomas J. Stipanowich, Academic Director of the Straus Institute for Dispute...

Kluwer Mediation BlogHave you ever wondered why the construction industry is still saddled with its culture of adversity, contractual conflict...

The role of authority, rights, and interests in conflict resolution. Begin with the most informal; begin with Matthew 18:15 "Go...

It has been said that a good board will not make a company, but a bad one will inevitably kill...

Introduction The interaction between lawyers and mediation has long been a controversial one.  Rivers of ink have been spilled on...

Mediation in Ireland: Current Trends, Future Opportunities. Mediation has become the preferred method of Alternative Dispute Resolution (ADR) in Ireland...

This article describes how neutrals can provide early case management and resolution services to help parties in construction disputes resolve...

Construction cost and time disputes can become quite complex with the disputants often fixed on very different positions, for issues...