How ADR Resolves Construction Disputes. Breakout Session #107 Carl P. Meglan, P.E., P.S., Founder & Limited Partner Meglan, Meglan & Company, Limited April 15, 2008 4:30 pm to 5:30 pm. CARL P. MEGLAN, P.E., P.S.
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Breakout Session #107
Carl P. Meglan, P.E., P.S., Founder & Limited PartnerMeglan, Meglan & Company, Limited
April 15, 20084:30 pm to 5:30 pm
Carl Meglan has more than 40 years of experience as a professional engineer and surveyor. His many areas of expertise include construction engineering, construction forensics, claims management, alternate dispute resolution, and organizational leadership and training. He has served as a consultant, advisor, expert witness, and as a mediator and arbitrator for the American Arbitration Association for 25 years. In the latter role, he has been the arbitrator on 130 separate construction arbitration cases.
The major distinction lies within the more simplified mediation process
Let’s examine the mediation process . . .
Candidate must be a neutral, disinterested individual with known mediation skills and experience who can manage the mediation process and bring it to a successful conclusion (settlement) for all involved parties and stakeholders.
Contracts authored by the American Institute of Architects make mediation a prerequisite to arbitration or litigation (known as a condition precedent), so it is prudent to have AAA select a mediator to apply AAA rules and to manage the mediation process.
Under AAA’s construction arbitration rules
To facilitate the conflict elimination process, AAA requires each party to list all of their principals, individuals, and companies involved in the project and the dispute and to list every potential witness they may call at the arbitration hearing. Those lists are forwarded to the appointed arbitrators who use them to determine possible conflicts of interest. Continued
AAA construction arbitrators are usually selected from among written applicants by a panel of local arbitrators who have served the association for many years. AAA arbitrators are engineers, contractors, architects, construction law attorneys, and other industry experts with considerable construction project experience. Attorneys constitute less then one-third of all AAA Construction Arbitrator Panelists.
AAA construction arbitrators are required to complete formal training courses, developed and administered by the association. Failure to take them will result in the removal of an arbitrator from the AAA Construction Arbitrator Panel until the courses are completed. Usually one course per year is required. AAA has the only continuously trained and reviewed panel of construction arbitrators in the U.S.
Arbitrators are compensated by the day and/or hour for their services. For example, an arbitrator might set his/her compensation rate at $800 per day and/or $100 per hour (for partial days) with the first day free, except for small single-day arbitrations, which are set by AAA at $950.
For all other information, including the complete rules and fee schedules for mediation and arbitration, go tothe Web site, www.adr.org.
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