Dispute Resolution

It is inevitable that all design professionals will come across a fee dispute during their career. While using a well crafted contract such as the AIA standard form is a great way to mitigate this outcome, there will always be room for interpretation and you will more than likely find yourself heading to court.

 

Alternative Dispute Resolution (ADR) is becoming a popular way to resolve all types of disputes and many people are turning to dispute resolution specialists to help them solve tough situations without the need to go to court.

 

Although some cases do ultimately have to go to court in order to obtain a favourable outcome for all parties, many other disputes can be  resolved using one or more of the following 4 forms of alternative dispute resolution.

Negotiation                                                                       

Mediation

Arbitration

Expert determination

 

Disputes can be an exhausting process that takes the attention away from your everyday practice.

Attorney Terry McShane from McShane PC in Washington D.C. recently provided his knowledge and expertise to ae ProNet via a short video that you can view HERE.

Terry (Terrance) McShane, Esq., discusses how to make your practice more profitable and less risky by including an effective dispute resolution clause. He suggests that to make the clause effective include a 60 days informal negotiation period before embarking on mediation. He provides 11 reasons why you should select litigation over arbitration and finally, with litigation, the benefit of opting for a trial by jury rather than a judge.