Construction Super Conference 2018

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S28 The Many Ways to Skin a Cat: In-House Counsel's Preferences to Dispute Resolution (Room Encore Ballroom 7)

12 Dec 18
8:30 AM - 9:45 AM

Tracks: Business, Business, Business, Business, Business, Business, Business, Business, Business, Business, Business, Business, Business, Business, Business, Business, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Embroidery, Embroidery, Embroidery, Embroidery, Embroidery, Screen Printing

Mediation, Arbitration (AAA, JAMS, ICC) Federal and State Courts -- so many venues to resolve disputes, but what are the preferences of in-house counsel to dispute resolution and why?  This session will discuss the pros and cons to all forms of dispute resolution, including the strategic, financial and personnel considerations of each approach. The program will also address, the current preferences of in-house counsel to various forums and problems that are encountered with all forums with the focus on avoidance of various pitfalls to each. 

Upon completion of this session, participants will be able to:

  • Understand the various methods of dispute resolution and the current issues and benefits to each. Each method will be analyzed from a financial, strategic and personnel perspective.
  • Discuss how in-house counsel view and utilize mediation and whether mediation remains the ADR vehicle of choice.  The use of the various dispute resolution methods as a predicate for substantive settlement talks will also be discussed
  • Learn in house counsel's perspective of the most and least liked and least liked methods of resolution and their preferred methods of resolving disputes. Learn why, for example, arbitration for one claim may be the totally wrong approach for another one. What factors lead in-house counsel to choose litigation, with or without a jury?