Alternative Dispute Resolution

Representation of a client involved in a dispute requires objectivity, creativity, sensitivity to the client's needs and objectives and superior advocacy skills.

Schiff Hardin attorneys work with clients to develop the proper course of action based on the importance of the matter, the economics of litigation and the probability of outcome. In today's climate, this may lead to our recommending arbitration, mediation, or other forms of alternative dispute resolution (ADR) to achieve our client's objectives.

Our construction attorneys have developed a unique way of working with clients when projects result in a dispute that is headed for litigation or arbitration. The model that our attorneys have successfully employed through procurement and project controls work means that we have typically been working with the client's executives, managers and field staff to mitigate the dispute while the project was live, providing us with a comprehensive background with the issue in dispute (which is almost always very fact intensive).

With this knowledge, over the years, Schiff Hardin's construction attorneys have effectively used mediation as a tool to cost-effectively resolve our clients' disputes short of litigation or alternative dispute resolution. We have developed a good reputation with several of the top mediators in the country and are able to mediate a substantial number of highly complex matters on a yearly basis.

In addition to mediation, arbitration is becoming a standard for large owners and an agreement to arbitrate disputes is now frequently found in construction contracts. Over the past decade, we have averaged numerous ADR matters each year and our expertise in ADR has been recognized by our clients.

Over the past 30 years, our attorneys have mediated, arbitrated and/or litigated problems as diverse as:

Cost overruns involving such varied projects as sports complexes and nuclear power plants
Design malpractice issues covering the whole gamut of potential errors and omissions
Roof and building envelope problems
Scheduling issues involving delay and acceleration
Structural failures
Heating, ventilating and air conditioning problems
Arbitrability of disputes
Construction worker injury claims
Insurance coverage issues
Warranty issues
Highway accidents
Unforeseen conditions claims
Claims arising from fires
Applicability of statutes of limitation and repose
Claims for indemnification
Environmental violations
Claims against governmental entities

We have considerable experience using both arbitration and mediation as tools for resolving construction disputes. Two of our construction attorneys particularly exemplify our alternative dispute resolution capabilities:

Paul Lurie has 25 years of experience as an arbitrator and mediator. He is a member of the Large Complex Case Panel of the American Arbitration Association (AAA) and its International Center for Dispute Resolution. He is also a member of the select panel of Mediators of AAA, as well as a member of the arbitration and mediation panel of The CPR Institute. He is a Fellow of the College of Commercial Arbitrators and the International Academy of Mediators.
Mark Friedlander is on the mediation and arbitration panels of the American Arbitration Association. Mr. Friedlander has made numerous presentations designed to inform arbitrators of construction industry issues, including "Overview of the Law of Construction Warranties," and "Change Orders and Construction Damages." In 2006, he spoke on "Arbitrator-Led Arbitration" at the Chicago International Dispute Resolution Association.