Is there a difference between honesty and truthfulness?
For lawyers, maybe so, says Professor Peter Henning in an article for the Notre Dame Journal of Law and Ethics.
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"Binding mediation" is an oxymoron
A California appellate court decision banning "binding mediation" is discussed over at May It Please the Court.
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How not to write an arbitration agreement
Make the arbitration clause one-sided and give yourself, but not the other party, a way to opt out and the clause is unenforceable according to a recent ruling by the Wisconsin Supreme Court.
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Blogs on Alternative Dispute Resolution
Thanks to the Online Guide to Mediation for providing us with a directory of alternative dispute resolution blogs.
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No jury trials in New Orleans construction cases this year?
Read all about it in USA Today.
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Choice of law in international construction arbitrations
Construction consultant William Langton posts on what law governs when a construction dispute is decided by international commercial arbitration.
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Arbitration ordered though no arbitration agreement produced
The U.S. Court of Appeals for the Fifth Circuit held last month that the existence of a written agreement to arbitrate may be proven by testimony if the agreement itself cannot be found. Link
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When does interest begin to run on an arbitration award?
Washington Construction Law posts on a case holding arbitration awards are not final judgments and, therefore, do not accrue interest.
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Fellow travelers--construction law blogs
The Online Guide to Mediation lists construction law blogs including yours truly.
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So Sue Me
Read about this new game over at the Online Guide to Mediation.
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Revisiting "Getting to Yes"
Arnie Herz over at Legal Sanity points to a new "must read" book by negotiation gurus Roger Fisher and Daniel Shapiro entitled, Beyond Reason: Using Emotions as You Negotiate.
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Arbitration award set aside because of arbitrator failure to disclose conflict
A California Court of Appeals vacated an arbitrator's $3.3 million award because he failed to timely disclose he was retained as an arbitrator in another case involving the attorneys for one of the parties. The case is summarized over at the the Real Estate and Construction Law blog.
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Arbitration not causing decline in jury trials.
The National Arbitration Forum Blog posts on the myth that arbitration is causing the decline in jury trials; the high cost of trying a case is behind the vanishing jury trial.
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Arbitration Clauses in non commercial contracts
Here's some good advice from the National Association of Home Builders on drafting a drafting a binding arbitration clause for non-commercial building projects.
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AIA arbitration clause negated by termination of contract
The mandatory arbitration clause in the American Institutes of Architects' General Conditions of the Contract of Construction does not survive termination of the contract, a Florida appellate court recently ruled in Aberdeen Golf & Country Club v. Bliss Construction, Inc.
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California strikes down pre dispute contract jury trial waivers
There's a good summary of the decision and you can download it over at the Construction Attorney Blog.
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Judge John Roberts on Construction Law Issues
A Lexis search turned up three opinions directly related to construction law issues and claims authored by President Bush's nominee for the Supreme Court, Judge John Roberts of the D.C. Circuit.
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Developers Restricting Home Owners Associations Right to Sue
To limit construction defect suits, some developers are including clauses waiving any claims if notice is not given within 30 days and clauses requiring arbitration according to the Colorado Home Owners Association Law Blog.
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Arbitrator May Correct Ambiguous Award
See the post on the Colorado Supreme Court's decision so holding over at the Construction Attorney Blog.
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Arbitrator Not Court Decides Timeliness of Arbitration Demand
Applying the Federal Arbitration Act, a Texas appellate court ruled last week that the arbitrator, not the court, must decide whether a contractor's failure to demand arbitration within 30 days of the architect's final decision on its claim makes the architect's decision final and binding.
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Knowing Your Best Alternatives Key to Negotiations
I am a disciple of the negotiating approach explained in Fisher and Ury, Getting to Yes: Negotiating Agreement Without Giving In. One key to getting to yes in any negotiation is knowing and appreciating your "best alternative to a negotiated agreement" (BATNA).
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E-Mail Sufficient to Bind Parties to Arbitrate
E-mails may be used to form an enforecable contract to arbititrate under a holding by the United States Court of Appeals for the First Circuit.
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