It is generally acknowledged that construction law disputes can be among the most difficult cases to try. While the factual scenarios can range from a relatively straightforward mechanic's lien enforcement to a mind-boggling series of alleged workmanship defects with multiple parties, the law points can be equally daunting. Mediators are frequently asked to describe in some detail their knowledge of and experience in construction law disputes. Arbitrators are selected based on specialized knowledge. In short, the field of construction law offers challenges far different, more complex and more demanding than those present in traditional personal injury or commercial law disputes.

Given the unique characteristics inherent in construction law, how can the construction lawyer use the two most frequently employed alternative dispute resolution (ADR) techniques, mediation and arbitration, to his or her advantage? How can the strengths of each of these processes be used to accomplish a client's objectives? This paper will deal with the uses of the two aforementioned ADR techniques to advance and ultimately achieve a construction lawyer's - and his or her client's - goals.

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