Resolution Without Litigation
Maybe we really did learn everything we need to know about life in kindergarten. At yesterday's AIA-Chicago meeting, Weiss Architects' Steven Weiss said the best way for architects and contractors to resolve conflicts without litigation is to employ strategies like talking; act like grown-ups over a cup of coffee before suing. Aside from just that, building professionals can employ other methods like bringing in their bosses or using an independent decision maker or Dispute Review Board before ever hiring a lawyer.
DePaul University's Stan Sklar joined Steven to speak about mediation and arbitration, the two "ations" before "litigation." Stan says that with the right mediator and the right attitude, both parties can avoid what might be a three to four year wait for a trial, during which time they would carry the interest on the unpaid part of the project. (But maybe by then the recession would be over.)