By Gary L. Cole AIA, Esq.
A PDF of the PowerPoint presentation “Arbitration and Mediation for Architects,” presented by Gary L. Cole AIA, Esq., on December 7, 2011, as a part of Halfmoon LLC’s day-long “Legal Issues for Illinois Architects” seminar, is available for free downloading by CLICKING HERE.
[PLEASE NOTE: downloading and reading the attached PowerPoint presentation does not convey any form of continuing education credit for any reader; nor shall it be construed as legal or business advice – it is for informational purposes only.]
Copyright Gary L. Cole AIA, Esq. 2012
Gary L. Cole AIA, Esq. http://www.garylcolelaw.com/ is Chicago-based Illinois and Florida-licensed attorney and Illinois-licensed architect. He practices design & construction law, real estate law, preservation law and accessibility law, is an arbitrator with the American Arbitration Association’s Construction Division, and is a Certified Mediator and on the roster of Mediators for the Association of Licensed Architects. He can be contacted at firstname.lastname@example.org.Read More
By Gary L. Cole AIA, Esq.
[Gary L. Cole AIA, Esq. is Chicago-based Illinois and Florida-licensed attorney and Illinois-licensed architect. He practices design & construction law, real estate law, historic preservation law and accessibility law. He is also a member of the Roster of Neutrals for the American Arbitration Association’s (AAA) Construction Division, a Certified Mediator and an Expert Witness. He publishes regular articles for the design, construction, real estate development, historic preservation, accessibility and alternative dispute resolution industries on his website “LawArk” at www.garylcolelawblog.com and can be reached at www.garylcolelaw.com]
[Author’s note: Nothing in the following article should be construed as legal or business opinions or advice. Readers should always consult their legal or business professionals for specific advice and information.]
A PDF of the following article can be downloaded by CLICKING HERE.
With civil litigation’s rising costs, mediation and arbitration are growing in popularity as potentially quicker and more cost-effective alternative dispute resolution forums. Architects, engineers and contractors who incorporate well-considered mediation and arbitration clauses into their contracts and service agreements may have an advantage over those who do not, and, who later find themselves embroiled in costly and protracted litigation.
Mediation and arbitration, however, differ fundamentally in their approaches and some conflicts may be better resolved in one forum over the other.
Broadly speaking, mediation is a more informal dispute resolution process than arbitration in which a neutral party – a mediator – assists two or more parties in reaching a negotiated settlement on their own.
Mediation is private, confidential and generally non-binding; unless a settlement agreement is entered into by the disputing parties. Many contracts, especially design and construction agreements, contain requirements that parties attempt to resolve any disputes through mediation as a prerequisite to pursing arbitration and/or litigation.
Mediation can occur through a process known as facilitative mediation, in which parties . . .Read More