Recent Practice Points

Should I Skip an Opening/Joint Session in a Construction Mediation?

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.

Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution

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.

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Recent Articles

Are Your State’s Construction Laws Ready for Bitcoin and Other Cryptocurrencies?

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.

It’s Complicated: Mediating Multiparty Construction Disputes

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.

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Sound Advice Podcasts

USSC Decision Suggests Any State Rule Requiring Clear and Unambigous Waiver of Jury Trial in Arbitration Provision May Be Pre-empted by the FAA

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.

Basic Tips for Witness Preparation for Successful Deposition Testimony

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.

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Construction Litigation

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