We have all seen the recent articles and the blogs
reflecting that clients are yearning for more planned, thoughtful, holistic approaches
to dispute resolution. As construction litigators, I like to think we are a bit
ahead of the curve because we have always attempted to resolve disputes in the
same planned and thoughtful ways our clients approach their projects -
particularly, with the key objective to collaborate with our clients, opposing
parties, and opposing counsel to resolve construction disputes in the most
beneficial, efficient, and cost-effective manner. ADR offers several opportunities
and tools toward that goal. The Forum’s Construction Law ADR Summit on October
7-9, 2015, in Austin, Texas, offers a unique opportunity for like-minded
professionals from multiple disciplines to discuss their viewpoints and
appreciate the viewpoints of others to advance the ball together to define and
sculpt how ADR will serve construction attorneys and their various clients.
We often fail to recognize that, even before receiving
mentoring from seasoned construction lawyers, “younger” construction attorneys
and professionals (e.g., “millennials”) share our collective goal of efficient
and reasonable dispute resolution, so we should encourage them to transfer
their insights across the generational gaps that sometimes hinder collaborative
progress. On Wednesday, October 7, from
2 p.m. to 5 p.m., the Summit will include a Young Lawyers Construction
Practicum regarding advocacy in mediation. If you work with young lawyers,
please encourage them to attend. And if you are a young lawyer, we encourage
you to attend not only the Practicum, but the entire Summit, to sharpen your
own skills to better serve your clients but also to provide your unique ideas,
experiences, and perspectives to help develop and identify the practical,
reasonable, and cost-effective tools and ideas that will shape ADR in the
future.
For more information about the Young Lawyers Construction
Practicum and the program generally, here is the
link to the Forum’s Construction Law ADR Summit Brochure.
I have found that Dispute Review Boards constitute an efficient, effective method to resolve disputes in timely manner without the expensive discovery process. Knowledgeable professionals provide recommended resolutions of disputes. It works when both parties want to solve the problem. If one party does not, then DRBs, mediation, etc will not work and litigation is necessary.
ReplyDelete