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Philadelphia Construction Law Blog

Tag: Mediation

DO NOT DISREGARD CONTRACT-MANDATED MEDIATION CLAUSES

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Arbitration/Mediation on Apr 1, 2016.

Many contracts provide that before a party can arbitrate or litigate a dispute, a mediation must occur. Often a party will choose not to submit a dispute to mediation believing that a mediation will not resolve the dispute. Many parties proceed directly to arbitration or litigation, dismissive of the contract language requiring mediation.

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Mediation: What is it and how does it work?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Arbitration/Mediation on Jan 20, 2016.

Alternative dispute resolution was introduced to the legal system years ago as a way to get cases to final resolution faster and contain costs. While these two objectives are not always accomplished with alternative dispute resolution in the modern system, the idea is still inserted into construction contracts and widely used. The concept is seen in two forms: mediation and arbitration.

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U.S. Supreme Court Considering Construction Contract Case

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Contract Clauses on Oct 29, 2013.

It is admittedly rare for the United States Supreme Court to consider a case that implicates construction contracts directly. The Court, in its new term, has just heard oral argument on a construction contract issue that could have a far reaching impact on the construction industry though.

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Robert Korn To Conduct Program On Arbitration

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Arbitration/Mediation on Apr 5, 2013.

Robert Korn, a partner in the construction law department at Kaplin Stewart, will be one of 3 featured speakers at a presentation for the Montgomery County Bar Association on Tuesday, April 9, 2013.  The program on the drafting of arbitration clauses is a CLE class aimed at all members of the bar.  Mr. Korn will be joined by two other experienced and respected attorneys, Steve Yusem and Judith Meyer.  Among the topics to be covered are the qualifications and selection of arbitrators, discovery, and enforcing arbitration awards.

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New Jersey Courts Recognize Arbitration Demands as “First Filings”

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Arbitration/Mediation on May 7, 2012.

A demand for mediation or arbitration based on a contractual agreement may qualify as a “first filed action” according to the Appellate Division in New Jersey. In a matter of first impression, the court considered whether a demand for mediation or arbitration may be viewed as a first filed action in CTC Demolition Company Inc. v. GMH AETC Management/Development, L.L.C.

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