White Paper

Alternative Dispute Resolution and Dispute Resolution Forums

 
“If the positions of two construction parties are not too far apart, it may not be necessary to engage in any form of ADR other than structured negotiation. The key to this approach is structure. A formal, written claim should still be submitted. The parties should agree on a timeline for the recipient of the claim to submit a written response. They should also agree that the other waives their right to dispute the claim if the timeliness is not kept. Most importantly, the parties should agree, up front and in writing, to an outside date for the claim to be resolved.

The advantages of structured negotiation may be that the entire process is controlled by the parties and then there is no resolution unless all parties agree. Some disadvantages of structured negotiation may be that the parties do not have the required skills to conduct effective structured negotiations. The negotiations may break down and, thereby, increase hostility among the parties. The parties may not want to be candid with each other.”

Download this white paper to continue reading …

Scott R. Halloin is a Shareholder with Halloin & Murdock, S.C., a nationally recognized construction litigation boutique. He has extensive experience in construction law. Mr. Halloin wrote a Wisconsin Construction Design Law, which was included in the American Bar Association’s State-by-State Guide to Construction and Design Law. He is a frequent speaker at construction law seminars nationwide and has written numerous publications.

Faculty

Scott R. Halloin

Scott R. Halloin

Halloin Law Group