RACKAS PATE LAW, PLLC helps owners, contractors, and design professionals to avoid or limit litigation by offering the following out-of-court ADR (alternative dispute resolution) services:
Mediation: a process guided by an impartial third-party mediator to find a mutually acceptable solution to a dispute. Mediators do not decide the outcome of the dispute but help the parties to communicate and resolve the dispute themselves. The parties decide in advance whether the mediation will be binding or non-binding. Many court systems encourage or require parties to attempt mediation prior to litigation.
Arbitration: submitting a dispute to an impartial person or three-person panel chosen by the parties in the dispute to determine a resolution. In selecting an arbitrator(s), the parties have the benefit of having a subject-matter expert making a decision, rather than a judge or jury who may know nothing about construction. Arbitration may be faster and less expensive than litigation because arbitration rules and procedures are simpler than formal trial rules and procedures. Unlike court decisions, arbitration decisions usually may not be appealed.
Mediation/Arbitration: a combination of mediation and arbitration where the mediator renders decisions on issues which cannot be resolved by the parties.
DRB (dispute resolution boards): usually a three-person board organized before any construction work takes place. The DRB members stay current with project developments by regularly visiting the construction site and reviewing documentation. If a dispute arises during construction, the DRB conducts a hearing and issues a written resolution of the dispute at the job level. The resolution may be binding or non-binding.
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