Monthly Archives: April 2014

CONSTRUCTION DISPUTE RESOLUTION – WHAT DOES IT COST FOR AAA, JAMS, OR CPR, TO ADMINISTER AN ARBITRATION CASE; AND HOW DO THE INITIAL FILINGS VARY UNDER THOSE RULES?

Domestic arbitration organizations such as AAA, JAMS, and CPR publish rules that the arbitration organizations use in administering construction arbitration proceedings. Arbitration organizations charge fees for arbitration administration to compensate the organization for the services provided. This article is limited to commercial and construction cases. The organizations offer different pricing for services and procedures when using expedited rules, consumer rules, employment rules, or rules for cases to be decided on documents only.
The arbitration organizations have spent considerable time to make it easy to proceed under their rules, which are fairly comprehensive. However, it amazes your author to find the number of parties and lawyers who have only a foggy concept of what the administrative costs for a case will be. Continue reading

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CONFESSIONS FROM A CONSTRUCTION MEDIATOR, THE ROLE OF INSURANCE IN CONSTRUCTION MEDIATION

Through my travels around the State of Florida, I have come to observe a fairly uniform trend amongst participants to the Construction Mediation process. And unfortunately, that “trend” is essentially a misunderstanding of just how insurance companies evaluate, and indeed MUST evaluate a case, as it relates to their participation in the Mediation process.
I do not wish to mislead on this point. Certainly, attorneys are aware that Fla. R. Civ. P. Rule 1.720 establishes that the “authority” an insurance adjuster must bring to Mediation is “the policy limits or the Plaintiff’s last demand – whichever is less.” That said, in complex construction Mediations, so very often the range or value established by the Insurer is something less than policy limits, despite the notion that “authority “ may be present potentially up to policy limits. It is this real world distinction that I am referring to within the context of this paper; namely the difference between the Rule and the actual process by which Insurers establish a range within which a case can be settled at Mediation… Continue reading

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