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Sponsored by Lorman Education
Product ID: 407238EAU
Credit & Course Provided by:

Arbitration in Construction Contracts

OnDemand Webinar (92 minutes)

Gain an understanding of the different dispute resolution processes and how to make them effective.Learn how to use arbitration and other forms of alternative dispute resolution (ADR) to resolve construction disputes. The construction industry was an early adopter of arbitration and has been in the forefront of employing other dispute resolution processes. However, many construction professionals do not fully understand the different processes or how to effectively use them to resolve their disputes. Arbitration is criticized for being too much like litigation and not delivering speedy, economical resolution of disputes. This topic will explain how the parties can make arbitrations faster and more efficient, and will define and explain the different dispute resolution processes and will explore what is needed, from the parties and their counsel, to make them effective. The approach will be practical, not theoretical. It will equip clients to knowledgeably discuss dispute resolution options with their lawyers and to shape an approach that is appropriate for the amounts in dispute. It will describe how both parties can benefit from working together to reach agreement on a practical process for resolving their substantive dispute.


Paul W. Berning, Esq., Law Offices of Paul W. Berning


The Dispute Resolution Spectrum

• Nonbinding Procedures Such as Mediation and Dispute Resolution Boards

• Binding Procedures - by Agreement

• Binding Procedures - Provided by Law

• Discussion of Pros and Cons of Alternative Dispute Resolution Options

The Arbitration Process

• What Can Go Wrong

• Problems and Solutions

• Tips on How the Parties Can Make the Process Efficient

Agreements to Arbitrate

• In Contracts

• By Later Agreement

Laws Governing Arbitration

• Federal

• State

• Which Apply When

Enforcement of Arbitration Agreements

• Between the Parties to the Agreement

• Joinder and Consolidation of Multiple Parties

• Joinder of Nonsignatories

Arbitration Providers

• Who They Are

• The Differences

Variations on Traditional Arbitration

How to Economically Resolve Your Construction Dispute