We have blogged in the past about the arbitration vs. litigation debate. One of the issues with arbitration is that arbitrators are not constrained by statutory and case law and a trial that is governed by established rules of evidence. This has led to a perception that arbitration often leads to decisions where the arbitrator... Continue Reading →
The Schinnerer professional liability program strongly supports alternative forms of dispute resolution. One method that aims to reduce the cost and time of a dispute is the use of arbitration. The arbitration of claims, however, is not always in the best interest of design professionals. In litigation, judges’ decisions are constrained by statutory and case... Continue Reading →
Many contracts for design and construction projects reference the American Arbitration Association’s (AAA) arbitration and mediation rules. Although no longer mandated in AIA and EJCDC contract forms, the AAA system often is seen as the default methodology to avoiding litigation. The newly updated AAA Construction Industry Arbitration Rules and Mediation Procedures include more than a... Continue Reading →
Under the CNA policy, professional service firms can, in a contract, agree to arbitrate any disputes. The decision, however, cannot be unilateral if a claim is in existence—at that point the CNA claims specialist has to approve the procedure. But even if policyholders can select arbitration, should they? And in what form? The reasons to... Continue Reading →
