The construction industry is very familiar with arbitration. It can be a quick and relatively inexpensive way to resolve a dispute – argue a point, get a decision, deal with it and move on. [I should probably note, as the industry is aware, though, that it is not always quick, not always inexpensive, and the absence of an appeal can be devastating if you get an arbitrator who just doesn’t get your point or the law.] Some contracts are even adding mediation as a component of the contract, requiring mediation before arbitration. (more…)
Posts Tagged ‘arbitration’
Construction Mediation – Even When You Don’t Have To
Tuesday, October 11th, 2011To Arbitrate or to Sue?
Thursday, December 16th, 2010There is the rub.
In a recently reported decision in the construction context, the appellate court was faced with what may turn out to be some poor contract management on the part of the parties involved. (more…)
What is Arbitration?
Tuesday, September 22nd, 2009Arbitration is an alternative to a lawsuit for parties involved in a dispute. Arbitration is generally a faster (and sometimes cheaper) resolution to a dispute than a lawsuit. When a lawsuit is filed, a judge or jury decides who wins and loses, and unfortunately, this decision is frequently not made until a year or longer after the lawsuit is first filed. (more…)
Is Arbitration a Good Tool to Resolve Construction Disputes?
Friday, September 18th, 2009Parties to construction contracts should consider using arbitration to resolve disputes. Arbitration is an alternative to a lawsuit, and it is generally faster (and sometimes cheaper) than going to court. More importantly, though, parties in a construction dispute can hire an arbitrator with significant experience in the construction industry to better understand the issues. (more…)