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.”

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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

Agenda

Faculty

Scott R. Halloin

Scott R. Halloin

Halloin Law Group

  • Shareholder with Halloin Law Group
  • For 28 years his practice has focused on complex commercial and residential construction disputes, including contract disputes, code compliance, delay claims and design disputes
  • Regular speaker on the Actual and Discrete Cost Method, Total Cost Method, Modified Total Cost Method, and modifications to the Total Cost Method
  • Wrote a Wisconsin Construction Design Law, which was included in the American Bar Association’s State-by-State Guide to Construction and Design Law
  • Regular speaker at continuing legal education seminars on construction issues, including “Guaranteed Maximum Price Contracts,” “Managing Construction Projects,” “AIA Construction Contracts,” and “Managing Construction Claims”
  • Licensed to practice in Wisconsin and Illinois
  • J.D. degree, Northwestern University School of Law; B.A. degree, magna cum laude, Lawrence University
  • Can be contacted at 414-732-2424 or [email protected]

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