The Best Time to Mediate A Dispute is Yesterday

Here on ConstuctionLawMonitor.com I like to blog about non-traditional ways to settle disputes between contractors and other feuding parties. Mediation is my favorite because I am a mediator. Its also my favorite because, generally, its the best and most efficient way to resolve disputes. There are circumstances whereby mediation will not work but that usually […]

Construction Contracts: Mediation Is A Great Alternative To Litigation

Mediation and Construction Law are two of my favorite topics to discuss. These are my favorite aspects of the practice of law. Every construction law dispute I encounter starts with the premise of getting contractors paid. No matter the dispute, the underlying factor is withholding of money along the hierarchical chain of characters. Owners need […]

Mediation! New Service Available at Wolfe Law

Seth J. Smiley, partner at Wolfe Law Group, LLC and author of ConstructionLawMonitor.com is now a formally trained mediator. New Orleans just hosted the AAAU's (American Arbitration Association University), Essential Skills for the New Mediator workshop in downtown, hosted by Neil Carmichael. Why would parties want to mediate a dispute instead of going to court? […]

Louisiana Arbitration Law

Over the past few months here at Wolfe Law Group, I've been involved in a number of disputes where where arbitration clauses were invoked and the matters traveled the path of arbitration rather than ordinary judicial proceeding. Mediation and Arbitration have been touted as the faster, cheaper and more efficient way to handle legal disputes. […]

Litigation Topics for Prime / Subcontractor Contracts

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. The information is very helpful to contractors and can […]

Arbitration Review May Be Limited…But It Can’t Be Waived in Washington

The Washington Supreme Court wrote an opinion interpreting the Washington Arbitration Act last week in Optimer Int'l, Inc. v. RP Bellevue, LLC. In this case, a landlord and tenant submitted themselves to an arbitration proceeding pursuant to their contract, and the loser at arbitration wasn't satisfied with the award. They sought judicial review of the […]

How To Make Arbitration “Worth It” Again

Arbitration has been the talk of the town amongst the legal community this week, and really, it should be. One could say that arbitration is at a crossroads these days.   Over the years, the expenses and delays associated with arbitration have rivaled litigation.   From a personal level, I can tell you that arbitration is simply […]

The Project in Las Vegas A Large-Scale Example of Typical Construction Dispute

A mega-project in Las Vegas is having real problems; mega-problems.   But when you look past the large numbers, all that is left is a simple construction dispute that is played out everyday across the nation between contractors, subcontractors and owners.   The dispute - reported recently by the Wall Street Journal - serves as […]