Fall Meeting - D1 Lunch Program - Innovative Approaches to ADR

As the projects grow more complex, the stakes for project participants similarly grow complex. To solve the problems that inevitably arise, project participants have crafted various methods of resolving disputes in an effort to “right size” dispute resolution.

Loring A. Cook III of Murtha Cullina, J. Thomas Nocar of Porter Wright Morris & Arthur, and Ronald L. Williams of Fox Rothschild, with co-sponsorship by the ABA Construction Litigation Committee, offered some insight into several of these innovative approaches including med-arb, arb-med and hot-tubbing experts at the Division 1 lunch program during the ABA Forum on Construction Law's Fall Meeting in Boston, MA.  The panel then turned the conversation over to the attendees and invited their thoughts on several topics such as: how to best prepare your client's expert for hot-tubbing and when and why your clients should mediate.

We ran out of time to weigh in on "how do you prepare differently when your client's case will be heard by a non-lawyer arbitrator or mediator?"  Feel free to offer your comments below!