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ADR PROCESSES AVAILABLE TO THE LAWYER
Variations on the Theme

9th Annual Construction Law Conference

February 8 & 9, 1996

Houston, Texas

Helmut O. Wolff

American Arbitration Association
Dallas, Texas


TABLE OF CONTENTS

High-Low Arbitration 1
Med/Arb 2
Med-Then-Arb 3
Med/Arb2 3
Arb/Med 4
Shadow Arbitration 5
Last Best Offer Arbitration 6
MEDALOA 6
Minitrial 7
Conclusion 7
Appendix A: High-Low Arbitration Agreement
Appendix B: MEDALOA
Appendix C: Mini-Trial Procedures
Appendix D: Demand for Arbitration
Appendix E: Submission to Dispute Resolution

Abstract

While traditional ADR processes, such as arbitration and mediation, often settle disputes, there are cases where a combination of processes and other ADR methods may be more effective. The methods described below are tools available to the construction lawyer which may be applied depending on the nature of the claims to be resolved.

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