MWI Construction Dispute Resolution Program Overview

MWI’s Construction Dispute Resolution Program provides the construction industry with experienced and effective mediators and arbitrators with expertise in dispute resolution techniques and practice in construction claims, including:

• Breach of Contract
• Equitable Adjustment
• Delay
• Disruption/impact
• Constructive Acceleration
• Cardinal Change


Types of Cases

Construction projects, with their multiple parties and stakeholders, present a myriad of management challenges to meet the common goals of timely completion, within the budget, in a safe manner and with delivery of a quality product.  Despite these apparently common goals, however, many projects experience the largest source of cost growth in owner-directed changes and contractor claims for delays and extras. Therefore, it is crucial for stakeholders to design and implement policies and procedures for preventing, managing and resolving disputes and claims.

MWI construction panelists are experienced in the analysis, negotiation and resolution of all manner of construction disputes. In addition to substantive expertise in construction disputes and claims, they are also ADR experts who can help parties focus on core issues and bring disputes or claims to mutually beneficial resolutions.  As such, MWI’s construction panelists can be used effectively at any stage of claims prevention and resolution in such areas as:

• Dispute Resolution Program System Design
• Partnering/Facilitation
• Third Party Neutrals on Individual Claims
• Third Party Neutrals on Claim Programs or Global Settlements
• Arbitrated or Litigated Claims
• Negotiation/ADR Training

In contrast to other ADR providers that are brought in after a claim is well underway and the parties have developed strongly entrenched positions, MWI encourages stakeholders to focus on dispute prevention and early resolution at all phases of the project.  MWI assists its clients in designing ADR processes before the start of projects, managing ADR processes during the project, and implementing ADR processes after project completion so that disputes do not linger. MWI and our clients find this comprehensive approach to ADR the best—and most cost effective—way to implement ADR services for construction projects.


Sample Panel Bios

William August Baten began involvement in ADR during his tenure at Cleary, Gottlieb in 1987, where he participated in approximately 150 mediations and arbitrations as an advocate and became one of the firm’s ADR specialists and trainers. Since becoming a full-time neutral in 1995, has served as mediator, arbitrator, or special master in over 1,400 matters involving a wide range of disputes, including numerous high-stake breaches of contract and franchise disputes. William has extensive experience resolving franchise cases, including matters involving: claims by franchisees of encroachment as a result of establishment of new dealerships; issues involving prohibited resale of vehicles in Canada and overseas; alleged abuses of employee purchase programs; audit issues such as questionable warranty work; dealers who wished to carry other lines; claims of gender discrimination against female dealer; issues stemming from termination of lines; issues involving realignment at dealerships to accomplish new preferred groupings of brands; and the resolution of issues involved in moving dealerships to better locations, including involvement of necessary third-party dealers who might be affected. William currently serves as Vice-Chairman of the Mediation Committee of the ABA’s Section of Dispute Resolution since his appointment in 1994 and recently served as an industry advisor to the Uniform Law Commissioners’ projects to revise the Uniform Arbitration Act and to create a Uniform Mediation Act. Bill graduated cum laude from Georgetown University Law Center in 1987 and also serves as a trainer in ADR techniques for the U.S. Justice Department.
person of Dispute Review Boards.

Jack Wofford has broad experience in mediation, arbitration, facilitation, consensus-building and other forms of dispute resolution in a broad range of areas, including employment, family-owned and other closely held business, commercial personal injury, public policy, organizational and complex environmental, development, real estate, construction and transportation projects. In 1999, President Clinton appointed Jack to a seat on the Federal Service Impasses Panel, which resolves disputes in negotiations between the Federal Government and its unionized employees. In the 1970's, Jack served in both state and federal government in transportation positions, including director of long-range regional transportation planning for the Boston area, Associate Commissioner of the Massachusetts Department of Public works, and Deputy General Counsel of the US Department of Transportation. He was a partner in a Boston law firm working on complex and environmentally sensitive urban projects until 1986, and was a senior consultant at Endispute from 1987 until 1993, when he established his own ADR practice. He is a graduate of Harvard College and Harvard Law School and of Oxford University, where he was a Rhodes Scholar. After law school, he clerked for a US District Judge in Washington, DC. He is a member of the bars of Massachusetts, New York, and the District of Columbia (DC inactive). He has participated in trainings for the US Department of Justice, the Massachusetts Office of Dispute Resolution, the New England chapter of the Society of Professionals in Dispute Resolution, the Boston and Massachusetts Bar Associations, and a number of universities and other groups.


Fee Structure

In setting a fee structure, MWI is responsive to the requirements of all parties to a dispute, including the number of parties and the complexity of the issues.  Please contact us to discuss your case, the dispute resolution process, and a fee structure.


Contact

For more information, please call Nancy Connelly, Director of Commercial Programs at 800-894-8323 or nconnelly@mwi.org fill out the form below for more information or to schedule a session.
 

MWI Construction Mediation Referral Form

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