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JAMS 'Rapid Resolution' Process – The New Construction Industry Paradigm (4 pp) (relevancy score: 100%)

by Philip L. Bruner
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

2 JAMS GLOBAL CONSTRUCTION SOLUTIONS Leading ADR Developments from The Resolution Experts dIReCTOR'S CORNeR JAMS "RApId ReSOLUTION" pROCeSS The New Construction Industry paradigm By PhiliP l. Director,JAMS Global Engineering & Construction Group The U.S. construction industry for decades has de-manded swift resolution of its problems, disputes and claims. The JAMS Global Engineering and Construction Group provides expert mediation, arbitration, project neutral, and other services to the...

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Global Engineering and Construction ADR: Meeting an Industry’s Demand for Specialized Expertise, Innovation & Efficiency (16 pp) (relevancy score: 100%)

by Philip L. Bruner
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 Document Outline Global Engineering and Construction ADR: Meeting an Industry? s Demand for Specialized Expertise, Innovation & Efficiency 2. Global Engineering and Construction ADR: Meeting an Industry? s Demand for Specialized Expertise, Innovation & Efficiency

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The “Initial Decision Maker” – The New Independent Dispute Resolver in American Private Building Contracts (10 pp) (relevancy score: 100%)

by Philip L. Bruner
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. §15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. §15.2.5 The Initial Decision Maker will ...

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The Historical Emergence of Construction Law (26 pp) (relevancy score: 100%)

by Philip L. Bruner
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

32 1. BRUNER - ADC.DOC 12/15/2007 2:33:41 PM THE HISTORICAL EMERGENCE OF CONSTRUCTION LAW Philip L. Bruner I. CONSTRUCTION LAW'S TWENTIETH CENTURY EMERGENCE. .............................................................................. Portions of this Article have drawn upon PHILIP L. BRUNER & PATRICK J. O'CONNOR, JR., BRUNER & O'CONNOR ON CONSTRUCTION LAW (2002 & Supps.), 1. 1 PHILIP L. BRUNER & PATRICK J. O'CONNOR, JR., BRUNER & O'CONNOR ON CONSTRUCTION LAW § 1:1, at 2...

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Pre-Mediation/Arbitration Processes: Initial Decision Makers, Project Neutrals, Expert Determinations (20 pp) (relevancy score: 100%)

by John W. Hinchey
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

58 TOP TEN COST-EFFECTIVE WAYS TO RESOLVE CONSTRUCTION DISPUTES Pre-Mediation/Arbitration Processes: Initial Decision Makers--Project Neutrals--Expert Determinations1 Preventative Measures Parties to construction contracts should structure their relationships and take appropriate action to avoid or prevent disputes from arising on the job. §15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is ...

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Keys to Successful Mediation (6 pp) (relevancy score: 100%)

by
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

Here are some suggestions for a successful mediation: Exchange Briefs When attorneys submit confidential briefs to the mediator without exchanging them, the opposing side will often come to the mediation table without a clear idea of the opposition's view of the case and what it hopes to achieve at mediation. It is an unfortunate fact of life that the mediator, opposing counsel, and the decision-maker for the opposing party do not always appreciate the strength and rectitude of your client's...

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Psychological Dynamics in Mediation Influence Result (6 pp) (relevancy score: 100%)

by
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

Armed with psychological insights, counsel may be better able to help reach resolution, save the parties time and money, and obtain a result that is, in the client's eyes, far preferable to any resolution that might be possible at trial. Prepare the Client In an effort to maintain control, some attorneys may tell their clients to remain silent at mediation. Stifle the Impulse to Insult After uncovering some psychological insights and preparing the client for the mediation process, counsel ...

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Dispute Review Boards and Adjudication: Two Cutting-Edge ADR Processes in International Construction (18 pp) (relevancy score: 100%)

by Harvey J. Kirsh
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

7Richard A. Shadbolt, "Resolution of Construction Disputes by Disputes Review Boards" [1999], Int'l Constr. DISPUTE BOARDS AND THE INTERNATIONAL CHAMBER OF COMMERCE The International Chamber of Commerce ("ICC") based in Paris, employs three types of dispute resolution procedures forlarge construction and engineering projects:23 1. Dispute Review Boards ("DRB"s) issue non-binding recommendations for disputes which arise during the course of aproject.24 The parties may accept or reject the ...

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Adjudication in the Construction Industry (4 pp) (relevancy score: 100%)

by Harvey J. Kirsh
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

108 Adjudication in the construction industry By Harvey Kirsh Lawyers Weekly, November 27, 2009 A look at the British construction industry in the early 1990s discloses a myriad of problems relating to the significant expenses and unreasonable delays required to resolve complex construction claims. Section 108 of the Construction Act provides that a party to a construction contract has the statutory right to give notice at any time of his intention to refer a dispute to adjudication.

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Resolving Complex Construction Claims: The Sheppard Subway Case Study (6 pp) (relevancy score: 100%)

by Harvey J. Kirsh
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

According to the Twin Tunnels contract, the DRB was to consist of one member selected by TTC and approved by MPF, a second member selected by MPF and approved by TTC, and a third member selected by the first two members and approved by both TTC and MPF. The DRB member selected by the two appointed members of the DRB as Chair of the DRB, and approved by both TTC and MPF, was an engineering consultant with substantial experience managing large tunnelling and other underground construction ...

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Arbitration and Choice: Taking Charge of the “New Litigation” (56 pp) (relevancy score: 100%)

by Professor Thomas J. Stipanowich
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

WHY BUSINESS USERS COMPLAIN ABOUT ARBITRATION A. Arbitration Has Become the "New Litigation" In the realm of commercial arbitration, perception, practice, and ex- perience have been shaped by several trends.13 The most important of 8. See infra Part II.B.5.9. , 2001) [hereinafter COMMERCIALARBITRATION AT ITS BEST] (delineating the issues the drafter of an arbitration clause shouldconsider in crafting effective arbitration procedures). 5. Limited guidance, range of models from arbitral ...

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Protocols for Expeditious, Cost-Effective Commercial Arbitration (22 pp) (relevancy score: 100%)

by Professor Thomas J. Stipanowich
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

174 Arbitration Protocols REV 32410 The College of Commercial Arbitrators Protocols for Expeditious, CostEffective Commercial Arbitration Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions Thomas J. Stipanowich, EditorinChief Curtis E. von Kann and Deborah Rothman, Associate Editors 175 Arbitration Protocols REV 32410 Acknowledgments The Protocols for Expeditious, CostEffective Commercial Arbitration are the product of the National Summit on ... ...

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Engineering and Construction Arbitration Rules and Procedures for Expedited Arbitration (18 pp) (relevancy score: 100%)

by
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

196 197 JAMS ENGINEERING AND CONSTRUCTION ARBITRA JAMS ENGINEERING AND CONSTRUCTION ARBITRATION RULES & PROCEDURES FOR EXPEDITED ARBITRATION JAMS provides arbitration and mediation services from Resolution Centers located throughout the United States. The arbitration shall be administered by JAMS pursuant to its Engineering and Construction Arbi- tration Rules & Procedures (Engineering and Construction Case Management Fees Arbitration Rules & Procedures for Expedited Arbitration)...

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Recommended Arbitration Discovery Protocols for Domestic Commercial Cases (14 pp) (relevancy score: 100%)

by
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

214 215 JAMS RECOMMENDED JAMS RECOMMENDED ARBITRA ARBITRATION DISCOVERY PROTOCOLS FOR DOMESTIC, COMMERCIAL CASES JAMS provides arbitration and mediation services from Resolution Centers located throughout the United States. Y PROTOCOLS FOR DOMESTIC, COMMERCIAL CASES 216 JAMS RECOMMENDED ARBITRATION DISCOVERY PROTOCOLS FOR DOMESTIC, COMMERCIAL CASES Introduction JAMS is committed to providing the most efficient, cost-effective arbitration process that is possible in the particular ...

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Optional Arbitration Appeal Procedure (8 pp) (relevancy score: 100%)

by
from Top Ten Cost-Effective Ways to Resolve Construction Disputes (September 20, 2010)

228 229 JAMS OPTIONAL ARBITRA JAMS OPTIONAL ARBITRATION APPEAL PROCEDURE JAMS provides arbitration and mediation services from 23 Resolution Centers located throughout the United States. TION APPEAL PROCEDURE The parties hereby agree to the following TION APPEAL PROCEDURE · JAMS OPTIONAL ARBITRA Optional Appeal Procedures: (iv) The Parties may elect to rely on the memoranda or briefs previously submitted to the Arbitrator(s). Signed _______________________________________Print Name ...

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Rent-a-Center, West, Inc. v. Jackson (no. 09–497; June 21, 2010) (28 pp) (relevancy score: 100%)

by
from Rent-a-Center: The Supreme Court Decides Who the Gatekeeper Is When an Arbitration Agreement Is Attacked as Unconscionable (July 29, 2010)

Held: Under the FAA, where an agreement to arbitrate includes an agreement that the arbitrator will determine the enforceability of theagreement, if a party challenges specifically the enforceability of that particular agreement, the district court considers the challenge, but if a party challenges the enforceability of the agreement as a whole, thechallenge is for the arbitrator. If a party challenges the validity under §2 of the precise agreement to arbitrate at issue, the federal court ...

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Text of Arbitration Agreement Between Rent-a-Center, Inc. and Antonio Jackson (6 pp) (relevancy score: 100%)

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from Rent-a-Center: The Supreme Court Decides Who the Gatekeeper Is When an Arbitration Agreement Is Attacked as Unconscionable (July 29, 2010)

I understand and agree that by entering into this Agreement to Arbitrate Claims ("Agreement"), I anticipate gaining benefits of a speedy, impartial, final, and binding dispute-resolution procedure. CLAIMS NOT COVERED BY THE AGREEMENT Claims I may have for workers' compensation benefits and unemployment compensation benefits are not covered by this Agreement. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, or if there is a ...

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Rent-a-Center: The Supreme Court Decides Who the Gatekeeper Is When an Arbitration Agreement Is Attacked as Unconscionable (16 pp) (relevancy score: 100%)

by
from Rent-a-Center: The Supreme Court Decides Who the Gatekeeper Is When an Arbitration Agreement Is Attacked as Unconscionable (July 29, 2010)

36 ALI-ABA: Rent-a-Center July 29, 2010 I. Introduction On June 21, 2010, the U.S. Supreme Court issued an opinion in Rent-A-Center v. Jackson determining whether a district court or an arbitrator should decide an unconscionability challenge to an arbitration agreement, when the parties to the agreement have clearly and unmistakably delegated gateway issues of enforceability to the arbitrator. Plaintiff moved to stay the arbitration and defendant moved to stay the district court action ...

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SCOTUSwiki Analysis of and Information About Rent-a-Center, West, Inc. v. Jackson (10 pp) (relevancy score: 100%)

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from Rent-a-Center: The Supreme Court Decides Who the Gatekeeper Is When an Arbitration Agreement Is Attacked as Unconscionable (July 29, 2010)

09-497), the Court established a new rule for determining who decides challenges to the validity of an agreement to arbitrate the validity of an arbitration agreement. Justice Breyer appeared to take issue with the idea that courts could be required to review specific provisions in an arbitration agreement even when there is no challenge to the bare agreement to arbitrate. Second, Jackson counters Rent-A-Center's interpretation of Supreme Court precedent by distinguishing between challenges...

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A Construction Litigator’s ADR Primer (28 pp) (relevancy score: 100%)

by John G. Cameron, Jr.
from the The Practical Litigator Vol. 21 No. 4

Mediation introduces a neutral third party into settlement negotiations to as- Arbitration has been part of construction law sist the parties in arriving at their own solution for decades. Distinguishing mediation typically involves voluntary concessions, between mediation and arbitration as methods of the value of compelling mediation from a stubborn dispute resolution, Moore states that mediation is and recalcitrant party seems doubtful. This may encourage more satis- struction Industry ...

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