Using Negotiation, Mediation and Arbitration to Resolve Construction Disputes

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By Allan H. Goodman If a dispute arises during construction of your project, do not proceed immediately to court! Your contract may require you to use alternative dispute resolution (ADR) techniques such as negotiation, mediation or arbitration to resolve your disputes. You should therefore be familiar with these techniques. Negotiation is the most informal method [...]

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Why Some Mediations Fail

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by Allan H. Goodman Mediation is often used to resolve disputes arising during performance of construction contracts. Mediation is the non-binding, cooperative process in which parties to a dispute select a neutral third party, the mediator, to help them resolve their differences. The goal of mediation is a settlement agreement. While mediation is usually voluntary, [...]

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