Alternative Dispute Resolution Methods: Arbitration Unique to Construction Litigation, Ultimate Dispute Resolution, and Handling Mediation When Insurance Questions are Unresolved

February 25, 2015 3:50pm

Michael A. Marra
Vice President
American Arbitration Association

Dr. Patricia D. Galloway
President and CEO
Pegasus Global Holdings, Inc.

Thomas L. Rosenberg
Roetzel & Andress LPA

Jose M. Pienknagura
Executive Vice President, General Counsel, and Risk Manager
Hunt Construction Group

  • How the proliferation of ADR, mediation, and arbitration impacted litigation, trial, and appellate decisions
  • Unique challenges associated with arbitration in the construction litigation context
    • What level of background/expertise is required for arbitrators in the construction litigation context?
  • Handling mediation when insurance questions are unresolved
  • Forum selection clauses in arbitration agreements
    • Interpreting the decision in Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas
    • Forum selection clauses are valid in the absence of public policy determining otherwise
  • Ultimate dispute resolution
    • Resolving claims are the early in the process and bringing independent parties to review disputes
    • Three independent parties reviewing the claim well in advance of the legal process