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Construction
Are predispute binding arbitration clauses in nursing home contracts against personal injury or wrongful death claims per se unconscionable? The West ...
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Posted in: Advocacy in ADR, Arbitration, Clauses, Commentary, Construction, State ADR, Commercial ADR Tools, Clause Drafting, Multi-party, ADR Policy, ADR Procedures
The Metropolitan Corporate Counsel (MCC)
SPECIAL SECTION ADR
August 2011
by Kathy Bryan
The Editor interviews Kathy Bryan, President and CEO, ...
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Posted in: Advocacy in ADR, Arbitration, Banking & Financial Services, Construction, Corporate Protocol, Discovery, Diversity, e-Discovery, Employment, Franchise, International, Mass Claims, Mediation, Patent/Trademark, Product Liability, CPR in the News, Commercial ADR Tools, Early Case Assessment, ADR Policy, ADR Procedures, ADR Protocols
CPR presents in this booklet a suite of practice materials that will explain some of the wide variety of available processes for prevention, control and early resolution of disputes, and provide useful practice information on how these processes can best be deployed to advantage in the negotiation and drafting of business agreements and corporate governance protocols.
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Kathy Bryan, President & CEO of CPR searched among CPR's scholars and practitioners to create an exploratory group to engage in a wide-ranging study of the entire field of prevention as practiced in the United States and around the world.
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This Briefing offers information about the use of Dispute Review Boards (DRBs) and other Standing Neutrals, which have proven so successful in managing conflict in construction projects.
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This Briefing presents Risk Allocation concepts to companies and their advisers who draft risk allocation provisions for construction contracts. Companies outside the construction arena, involved in long-term contractual arrangements prone to conflict, may also find this Briefing useful. They may be able to adapt these concepts to their own needs as they refine their conflict management processes.
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This booklet presents partnering concepts to companies and their advisers considering using partnering in construction projects.
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As the use of arbitration in construction disputes continues, so does dissatisfaction with its prolonged time frames and expense. These Rules for an expedited arbitration procedure for construction disputes center on a 100–day hearing time frame. This process retains the hallmarks of arbitration, yet also contains familiar protections to avoid the erosion of parties’ rights that could occur with a less carefully-drafted procedure.
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The scenario is all too familiar. The deal is done, the contract is signed, and no sooner than the ink is dry, the fighting starts. Disagreements begin innocently enough. A simple misunderstanding starts with little more than a few testy emails. Tensions escalate. Meetings are called, but nothing is resolved. Both sides bring in their litigators. Everything begins to dissolve, except of course, for the costs of litigation.
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Jesse B. Grove III discusses the new rules for expedited construction arbitration and the changing landscape of construction dispute resolution today.
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