Modern Contractor Solutions January 2025 - 34
legal solution
CONTRACTS
Tools of the Trade
mediation and arbitration as alternative dispute resolution
(part 2 of 2)
By Dixie Wells and Chris Flurry
A
rbitrations almost always arise out of
contracts, further empowered through
laws like the Federal Arbitration Act
(FAA) or similar state statutory schemes.
Courts up to and including the U.S. Supreme
Court have consistently held that the
arbitrator's authority arises out of contract,
meaning the contract, as further informed by
arbitration rules and related federal and state
laws, determines the limits and expanses of
the arbitrator's authority.
An arbitration begins when one party
demands arbitration. Many contracts
specify a particular process for initiating
arbitration through an arbitration service,
like the American Arbitration Association
(AAA), JAMS, Miles Mediation & Arbitration,
or others. The contract may also specify
where the arbitration will take place, how
arbitrators are appointed, how discovery
34
JANUARY 2025
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Modern Contractor Solutions January 2025
Table of Contents for the Digital Edition of Modern Contractor Solutions January 2025
Industry News
Blue Rock Breakdown
More Than the Minimum
IMPs Reduce Labor
RC Comes to Compact Equipment
XCMG at Bauma China 2024
Better Analysis
Construction Tech Predictions for 2025
The Future of Construction Engineering
Trimble Sees Trends
Getting Started with AI
Tools of the Trade (Part 2)
Modern Construction Products
Modern Contractor Solutions January 2025 - Cover1
Modern Contractor Solutions January 2025 - Cover2
Modern Contractor Solutions January 2025 - 1
Modern Contractor Solutions January 2025 - 2
Modern Contractor Solutions January 2025 - 3
Modern Contractor Solutions January 2025 - 4
Modern Contractor Solutions January 2025 - 5
Modern Contractor Solutions January 2025 - 6
Modern Contractor Solutions January 2025 - 7
Modern Contractor Solutions January 2025 - Industry News
Modern Contractor Solutions January 2025 - 9
Modern Contractor Solutions January 2025 - 10
Modern Contractor Solutions January 2025 - 11
Modern Contractor Solutions January 2025 - 12
Modern Contractor Solutions January 2025 - 13
Modern Contractor Solutions January 2025 - Blue Rock Breakdown
Modern Contractor Solutions January 2025 - 15
Modern Contractor Solutions January 2025 - More Than the Minimum
Modern Contractor Solutions January 2025 - 17
Modern Contractor Solutions January 2025 - IMPs Reduce Labor
Modern Contractor Solutions January 2025 - 19
Modern Contractor Solutions January 2025 - RC Comes to Compact Equipment
Modern Contractor Solutions January 2025 - 21
Modern Contractor Solutions January 2025 - XCMG at Bauma China 2024
Modern Contractor Solutions January 2025 - 23
Modern Contractor Solutions January 2025 - Better Analysis
Modern Contractor Solutions January 2025 - 25
Modern Contractor Solutions January 2025 - Construction Tech Predictions for 2025
Modern Contractor Solutions January 2025 - 27
Modern Contractor Solutions January 2025 - The Future of Construction Engineering
Modern Contractor Solutions January 2025 - 29
Modern Contractor Solutions January 2025 - Trimble Sees Trends
Modern Contractor Solutions January 2025 - 31
Modern Contractor Solutions January 2025 - Getting Started with AI
Modern Contractor Solutions January 2025 - 33
Modern Contractor Solutions January 2025 - Tools of the Trade (Part 2)
Modern Contractor Solutions January 2025 - 35
Modern Contractor Solutions January 2025 - Modern Construction Products
Modern Contractor Solutions January 2025 - Cover3
Modern Contractor Solutions January 2025 - Cover4
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