Philadelphia Construction Law Blog
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.
Continue Reading DO NOT DISREGARD CONTRACT-MANDATED MEDIATION CLAUSES...
Tags: Alternative Dispute Resolution, Arbitration/Mediation, MB America Case, Mediation, Robert Korn
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.
Continue Reading Mediation: What is it and how does it work?...
Tags: Alternative Dispute Resolution, Arbitration/Mediation, Mediation
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.
Continue Reading U.S. Supreme Court Considering Construction Contract Case...
Tags: Arbitration, Atlantic Marine, Construction News, Contract Clauses, forum selection clauses, Mediation, Pennsylvania, U.S. Supreme Court
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.
Continue Reading Robert Korn To Conduct Program On Arbitration...
Tags: Arbitration, Continuing Legal Education, Kaplin Stewart News, Mediation, Programs
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.
Continue Reading New Jersey Courts Recognize Arbitration Demands as “First Filings”...
Tags: Arbitration, Arbitration/Mediation, Dispute Resolution Clauses, Mediation, New Jersey