Mediation + Arbitration
Mediation is often mandated as a first-step in dispute resolution within the construction industry. At Kegler Brown, we have extensive experience serving the construction industry and mediating construction disputes as we serve many leading construction trade associations as their General Counsel and are listed as neutrals for several major dispute resolution organizations. We are uniquely situated to understand the fast-moving and complex nature of today’s construction industry.
The construction industry has served as a model for others through its use of Alternative Dispute Resolution (ADR). ADR is a method of resolving disputes short of a trial. Often, ADR is mandated in construction documents, with mediation occurring first, followed by arbitration if the dispute cannot be resolved through the mediation process. During arbitrations, an arbitrator will make a decision that is typically final and binding upon the parties. Kegler Brown’s arbitrators are suited to resolve disputes in a variety of industries and situations, particularly those involving construction. In addition, Kegler Brown has experience arbitrating cases involving contracts, employment and environmental matters.
In addition, we have great experience in partnering, interventions, dispute review boards (DRBs) and other cutting-edge ADR methods increasingly utilized by the construction industry. Hopefully, the effective use of these techniques will “return the handshake” to construction and profitability and efficiency to all partners in the construction process.
In resolving construction disputes, arbitration can have advantages over litigation. For example, cases are heard in private, neutral forums by those knowledgeable about this unique industry. Also, disputes usually are resolved more quickly and at lower cost than litigation. And, publicity can be controlled and kept to a minimum during arbitrations.