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Category: Construction

Resolving Complex Construction Cost And Time Disputes

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

By Curtis W. Driver
Mediation Would Fail In Shylock’s Approach: The Exception Of Construction Revisited author.

Mediation Would Fail In Shylock’s Approach: The Exception Of Construction Revisited

Abstract: Mediation is a form of alternative dispute resolution (ADR), aiming to assist disputants in reaching a natural, practical and...

By Chandana Jayalath
Mediation Disguised In The Dispute Process For Public Works In Qatar author.

Mediation Disguised In The Dispute Process For Public Works In Qatar

The majority of contracts in Qatar are lump sum fixed-priced contracts where there is no provision for variations exceeding 10...

By Chandana Jayalath
Mediate, Don’t Litigate, Your Construction Contract Complaints author.

Mediate, Don’t Litigate, Your Construction Contract Complaints

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often...

By Chris Kane

The Use of Mediation In Construction Disputes

If you are a construction mediator, you will want to read this 40 page 2009 report setting out the results...

By Geoff Sharp
What The ABA Says Lawyers And Clients Are Looking For In Commercial Mediation & Other Current ADR Trends author.

What The ABA Says Lawyers And Clients Are Looking For In Commercial Mediation & Other Current ADR Trends

Originally published by the San Diego Daily Transcript April 28, 2008.For the sixth time in the last eight years, in...

By Lawrence A. Huerta

Unstructured Construction Mediation – Going With the Flow

Every mediator has their own style within the standard format. Sometimes, however, events dictate a change in the format as...

By Gary Morgerman

Construction Mediation at the Extremes – Peaks and Pitfalls

Introduction When I had my mediation epiphany in the early 80's, community mediation was the only game in town. If...

By Gary Morgerman

It Ain’t Over ‘Til It’s Over

Every successful mediator knows that patience is not only a virtue, it is a must. And those who mediate construction...

By Gary Morgerman

Winning at Construction Mediation

Introduction Until just recently the construction industry ignored it. But courts like the New York State Supreme Court are now...

By Gary Morgerman

When Trust Is Bad

A superintendent for a large high quality builder told me recently that he figures there are three factors in construction...

By Myles F. Corcoran

A Tale of Two Slabs

Preface Two owners were each trying to resolve separate disputes over the most fundamental structural component in a building, its...

By Gary Morgerman

Anatomy of a Construction Mediation

Preface In the fastest growing method of resolving construction disputes, construction mediation, where contentious parties and representatives with little experience...

By Gary Morgerman

Fact-Based Construction Mediation

Almost 20 years ago Marcus Associates, a Connecticut based firm, introduced “Fact-Based Mediation for the Construction Industry," a new technique...

By Gary Morgerman
Mediating A Complex Construction Defect Case author.

Mediating A Complex Construction Defect Case

I. HISTORICAL BACKGROUND Following the passage of the Trial Court Delay Reduction Act (“Fast Track”) in 1987, alternative dispute resolution...

By Michael P. Carbone
Something for Nothing! author.

Something for Nothing!

Well, that is what everyone is looking for, but generally there is a catch! In Hong Kong the Hong Kong...

By Stephen Tennant
Commercial Section Editorial author.

Commercial Section Editorial

Welcome to the Commercial Section. This section is devoted to the advancement of professional commercial mediation from the dual perspectives...

By Tom Oswald

Partnering – A Better Way Of Doing Business

Table of Contents Section Introduction The Development of Partnering Partnering in the Construction Industry The Army Corp of Engineers Endorse...

By Michael J. Bloom

Resolving Property Disputes In The Millennium

INTRODUCTION The attractive feature of this particular lecture is that it allows us to say almost anything about the state...

By Anthony Salata, Nicholas Cheffings
Can You Prevent Claims And Lawsuits On Your Construction Project? author.

Can You Prevent Claims And Lawsuits On Your Construction Project?

Why do so many custom construction projects end up in fights? This trio of articles is aimed at the main...

By Ron Kelly - Arbitrator, Mediator, Trainer
Mediation: Did We Get It Wrong? author.

Mediation: Did We Get It Wrong?

33 Willamette Law Review 649 (Summer, 1997) (c) 1997 Willamette Law Review; Barbara A. PhillipsTable of Contents I. Introduction A....

By Barbara Ashley Phillips

Mediation: The Sensible Means For Resolving Contract Disputes

This article first appeared in the April issue of Conflict Resolution Notes which is available from the Conflict Resolution Center...

By Kenneth P. Kelsey

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