February 2013 ADR Update

QB ARBITRATION DECISION: A homeowner brought arbitration proceedings against a luxury homebuilder, and I issued an award. The builder then sued the homeowner to preserve a limitation period. The homeowner defended, counterclaimed and added a painter as a third party. He then argued that, because the builder attorned to the court’s jurisdiction, the court could re-open […]

Read more

Decision Making

Decision making is mentally taxing and, if forced to keep deciding things, people get tired and start looking for easy answers. (The Economist) This suggests that frequent breaks in both mediation and arbitration should yield better results.

Read more

How we are Treated – The Fairness of the Procedure

“How we are treated—the fairness of the procedure—has as much to do with our satisfaction as the ulti-mate outcome.” (Sway: The Irresistible Pull of Irrational Behavior, Ori and Rom Brafman) ARBITRATIONS: Recent work includes interpretation of unanimous shareholder agreements, commercial rent renewal rates, bridge construction, Insurance Act appraisal, joint venture agreement interpretation, partnership agreement interpretation, […]

Read more