Alternatives to litigation are essential vehicles for the timely administration of justice. Alternative Dispute Resolution (ADR) offers a more cost-effective strategy to litigation. ADR is a process in which a neutral third party, typically a mediator or arbitrator, assists parties in a dispute to reach a resolution. Most construction contracts contain binding arbitration clauses, and most courts impose mandatory mediation settlement conferences prior to trial. Conner Gwyn Schenck PLLC attorneys regularly serve as mediators, arbitrators, and neutrals. You may access our attorneys’ mediation schedules here and under individual attorney profiles.

Arbitration:

Three of our attorneys – Richard Conner, Jim Schenck, and Tim Wyatt – are members of the American Arbitration Association Panel of Construction Arbitrators. Richard Conner and Jim Schenck are also members of the Association’s Large, Complex Case Panel (LCCP). They have also served as arbitrators by special appointment by state and federal courts in North Carolina. From the inception of Conner Gwyn Schenck PLLC, our attorneys have been selected to serve as arbitrators in over 500 cases. Evidentiary hearings in these cases have ranged from one day to several months, and have involved relatively small amounts in controversy to multi-million dollar disputes.

Mediation:

Four of our attorneys – Richard Conner, Jim Schenck, Hank Jarrett, and Jay Wilkerson – are certified by the North Carolina Dispute Resolution Commission to serve as mediators in North Carolina Superior Court cases. Richard Conner and Jim Schenck are also members of the North Carolina Academy of Superior Court Mediators and the American Arbitration Association’s Panel of Construction Mediators. Our attorneys have mediated hundreds of construction industry cases, large and small (as well as hundreds of other cases not specifically related to the construction industry). More information about our mediation experience can be found on the website of the North Carolina Academy of Superior Court Mediators, accessible from our individual attorney profiles.

Neutral Fact Finding:

Our attorneys are occasionally asked to look at claims for one or both parties (often public owners) and give a neutral opinion on the merits of a claim or related group of claims, both as to entitlement and recoverable damages. In our opinion, this process is not used enough in the industry, even though some state rules, including the court rules in North Carolina, recognize and sanction the process, and even though many lawyers and ADR experts have touted the procedure for years. The cost of a neutral fact finder usually is greater than the cost of a mediator, but it can be money well spent in a complex case, and especially when coupled with mediation.

Dispute Review Boards:

Although not commonly used in North Carolina, our firm members have experience serving on dispute review boards in other states. Richard Conner served on three Dispute Resolution Boards for the $1 Billion+ toll roads constructed in the San Joaquin Hills Transportation Corridor, Orange County, California for several years.

Development of ADR Programs:

We have drafted and negotiated ADR rules and procedures for numerous projects over the years. Although it is usually best to decide on ADR procedures at the beginning of a project, we are often called on to fashion a dispute resolution procedure mid-project, as disputes arise. Negotiating an ADR process to resolve a pending dispute can be a challenge, but it is a challenge we embrace, because it is often best for the parties and the project. We have negotiated such arrangements in dozens of cases. In one case, we were able to negotiate an agreement to retain a neutral fact finder to resolve dozens of disputed change orders and backcharges on a prominent public project, with the result that litigation was avoided altogether.

Project Counsel:

Sometimes our role extends beyond the creation of a project ADR process. We are prepared to step in as counsel to or “friend of the project.” In that role, we review contracts for clarity, balance and fairness, review insurance and risk management programs, review the project information program, administer the ADR program and even serve as (or find) the neutral fact finder. We expect the need for these services to grow as the industry embraces enterprise and consensus contract documents and delivery systems.