As more lawyers and clients are dealing with mediation on a regular basis, following these “TEN COMMANDMENTS” will come in handy when dealing with a problem of biblical proportions. 1. Thou shall not wait too long to mediate. Many of the advantages of a negotiated resolution dissipate with the passage of time. The sooner you resolve, […]
mediation Archive
Mediation: Know When to Hold Them + When to Fold Them
Mediation is increasingly utilized to minimize the high costs and uncertainty of litigation in the digital age. Practitioners are well served to better understand what techniques are – or are not – effective in mediation. Don Gregory, chair of our construction law area, hosted a seminar focused on mediation. Drawing from his many experiences as […]
5 Tips for Minimizing the Risk of a Problem Project
“Any Construction Project Is a Problem in Progress” What separates successful owners, contractors and subcontractors from the unsuccessful ones is the ability to effectively manage problems. Through the effective management of problems with good people, problems can be resolved without deteriorating into serious disputes, or if disputes occur, they can be more timely and inexpensively […]
5 Things I Learned in 2015
While I have been practicing construction law for 33 years, I subscribe to the theory that One is never too old to learn.” Here is my personal list of lessons learned in 2015: 1. Lawyers Need To Spend More Time On Damages. On a traditional complicated construction claim it is not unusual to spend 90% […]
Cost Controls + Alternatives to Litigation
When faced with litigation, whether pursuing a contractor or owner that failed to pay you, or whether you are being pursued for payment, there are many options available which may help reduce time, expenses and delays associated with traditional litigation. Here are four to consider: 1. Mediation Mediation is a non-binding settlement negotiation conduced with […]