If you look at the dispute resolution section of a Home Warranty Company booklet or an insurance company policy, it will almost always specify binding arbitration as the process to be utilized to handle any construction-related disputes. In addition, you will probably find language requiring the arbitrator to have construction knowledge. This dual dispute resolution procedure was selected after many years of experience by these companies with construction-related disputes. Let’s explore why the home warranty companies and insurance companies have chosen binding arbitration provided by a construction-knowledgeable arbitrator to handle their disputes. Read the rest of this entry »

By Peter G. Merrill

The Alternative Dispute Resolution (ADR) industry has long been advocating that mediators and arbitrators (ADR Specialists) need only to be trained and experienced as mediators and arbitrators and that it was not necessary for the ADR Specialist to have any specific knowledge concerning the issues in dispute. It was helpful for the ADR Specialist to have a limited knowledge of the issues but not necessary. I have heard many times that “A good mediator is a good mediator” and can assist the parties in coming to a satisfactory resolution to their dispute. In many cases, that is true. The ability of an ADR Specialist to listen to the parties and use reason and understanding is without question a major necessity of an effective mediator or arbitrator. When dealing with disputes related to general business decisions, divorce or matrimonial issues, family matters and other general disputes, well-trained and experienced ADR Specialists can be very effective in helping the parties come to a final resolution to their dispute. Construction is another matter. Read the rest of this entry »

By Peter G. Merrill

It is virtually impossible to complete a large construction project without any disputes developing between any of the parties. Those who plan ahead will most likely be less adversely affected by the disputes that might develop. Although Dispute Review Boards (DRB) have been around for many years, they traditionally only offer advisory opinions upon which the parties should be able to resolve their dispute through discussions based on those advisory opinions. If the parties can not resolve their dispute after considering the advisory opinion of the DRB, they would need to proceed on to an outside arbitration or to litigation, whichever is specified in the construction contract, or Dispute Review Board Agreement, to reach a final and binding resolution to the dispute. Read the rest of this entry »

Conflict in our communities can be costly and painful experiences. Mediation and conflict training are excellent methods for resolving conflict in a respectful and positive way. The professionals of Forward Focus, PLLC offer cutting edge mediation and consulting services for churches, synagogues, neighborhood associations and other community groups to help these organizations function more smoothly, move through conflict with grace and ease and focus on the mission of their organization rather than internal conflict. Our professionals can assist organizations and community groups in a wide variety of settings, both large and small, to resolve conflict. Conflict within religious communities can be particularly painful. Forward Focus offers mediation services to help your church, synagogue, or other religious organization understand and resolve your conflict so that your community can begin moving toward healing and peace. These services are also beneficial for easing pastoral/leader transition. Read the rest of this entry »

Many of you have heard of ADR but what about ODR?  As defined in Wikipedia, the online dictionary/encyclopedia website, ODR or “Online Dispute Resolution” is:  a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of Alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process. Read the rest of this entry »