By Brian Gaudet – March 30, 2021 | Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement.
By Brian Gaudet – March 30, 2021 | An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases.
By Thomas D. Franklin and Brian R. Gaudet – September 6, 2019 | Bitcoin and other cryptocurrencies are going to become more widespread in the near future. Are our various state construction payment statutes ready for this inevitability? Probably Not.
By Scott St. Marie – September 9, 2019 | An examination of challenges arising in the mediation of construction disputes involving numerous parties, and shares approaches a mediator should consider to enhance the prospects of successful resolution.
By Jeanne Schubert Barnum | The recent USSC decision in Kindred Nursing holds that invalidation of any arbitration provision in a contract, if it does not include a clear and unambiguous waiver of trial by jury, is inherently hostile to arbitration and therefore pre-empted by the Federal Arbitration Act.
By Ronald Williams | A well-prepared witness is the key to a successful deposition. Here is a helpful guide for making sure your witness knows the law, understands the rules of engagement and is ready to provide measured, accurate responses.
Learn how to get involved with the Construction Litigation committee and maximize your Section membership!
