Many construction contracts now contain arbitration clauses. Arbitration can be an effective dispute resolution process, but how the clauses operate in practice can raise challenges. This is especially true when intertwined with mediation requirements and mechanic liens under state law. The scenario below illustrates how the seeming conflicts could be resolved.
Assume a contractor under…
I recently wrote about the merits of using mediation as a tool to resolve business disputes relating to land and business acquisition, land development, public permitting and related conflicts. Mediation is especially helpful, in my opinion, when money is less the object in dispute and it is more so about a difference of opinion. Of…
One of the most challenging aspects of an attorney’s job is to advise a client regarding possible litigation. I think of myself as a pragmatic business lawyer whose primary job is to help my clients achieve their business objectives. I much prefer to accomplish this through time spent on advocacy, negotiation and problem solving. Litigation…
