By Jack L. Werner, Ph.D.
A To Z Inspections
In layman’s language, mediation is an outside party helping two parties arrive at their own agreement.
An arbitrator assesses the facts and renders a decision that can be binding or non-binding.There are many factors favorable for seeking arbitration. A few are:
• A confidential decision is desired.
Unfavorable indicators for arbitration are
• Proprietary information needs to be disclosed to the decision maker, but the other side cannot see that information.
An arbitrator is trained to enforce the contract, not to “rewrite” the contract to fit the arbitrator’s or any party’s ideas of what it should be. If you are in a construction-related business, you would be prudent to include a clause in your contracts requiring that any disputes be resolved by arbitration and specifically by Construction Dispute Resolution Services. See model contract language and CDRS arbitrators’ qualifications and specialties (listed by state) constructiondisputes-cdrs.com.
Peter Merrill began his career with the CPA firm of Peat, Marwick, Mitchell and Co. (now known as KPMG), specializing in tax accounting and auditing and gaining expertise in financial issues related to the construction industry. Since 1971, Peter has been involved in the construction industry as an award-winning builder, remodeler and designer.
Mr. Merrill can be reached at 505-473-7733. He would be glad to discuss a dispute resolution process that would work best for your circumstances.
Jack L. Werner, Ph.D., owns A to Z Inspections and can be reached at 405/412-7861 or [email protected]. Performing commercial and residential inspections. Learn more at atozinspectionsok.com. Jack has a construction degree from OSU and was Oklahoma’s first designated Master Inspector. He teaches inspections as well as courses for the Oklahoma State Home Builders and was named a Master Instructor in 2017 by the National Association of Home Builders. He is a trained arbitrator/mediator with Construction Dispute Resolution Services. This essay first appeared in the September print edition of The City Sentinel.