*
A friend of mine named Norman Ross is presently on a quest to push for “Mediation”, as a way of solving construction law suits. He has some great points but it will cost the lawyers big. I’ve heard this is more popular in the States than here in Canada. Has anone had first hand experience?
Discussion Forum
Discussion Forum
Up Next
Video Shorts
Featured Story
Fine Homebuilding's editorial director has some fun news to share.
Highlights
"I have learned so much thanks to the searchable articles on the FHB website. I can confidently say that I expect to be a life-long subscriber." - M.K.
Replies
*
Hi Lawrence
Actually, Non-confrontational dispute resolution is part of all Public Works Contracts as well as CCDC contracts in Canada.
Both parties must agree on a arbitrator and the decision is binding on both parties.
Saves a load of money, doesn't require lawyers and is very quick. Normally, the referee is part of the industry. (engineer, architect etc.)
Gabe
*It's often used in the music industry standard contracts. Sounds like a logical idea. It will probably never catch on.
*Where do you find an arbitrator (or mediator)?i know there is a Canadian Arbit. Assoc. (I think that's it), similar to the american assoc., but here they seem to focus on training, rather than pointing you to one. I want to add a clause to my standard terms and conditions relating to this, but it's no good if you can't find someone to do the arbitrating. i must be looking in the wrong place.
*Hi Adrian,Your looking in all the wrong places. You should know by now that in Cape Breton, in the summer, the only place you find anyone is on the 19th hole.Try the Halifax phone directory to get you started. Make sure you copy the paragraphs related to this out of the standard CCDC.Gabe
*I had a bunch of friends in college that got involved in meditation but they just got nuttier. Now they're driving BMW's. I don't know if that is because of it, or because they stopped doing it.
*I know Norman was a practicing lawyer specializing in Construction law suits and said it was as stressful as being an air traffic controller. If anyone is interested email me for the title and publisher of his book.
*Gabe; I've looked in the Halifax directory (first stop; the Cape tends to be a little behind the times on these issues). I can't find a single reference to anybody doing anything outside of family mediation. As I said, the Can. Assoc.doesn't do much in the way of promoting anyone who has done training with them. i guess you have to know someone who knows an arbitrator.
*Adrian check your email.
*Hi AdrianWe've got a dozen or so here, and they specialize in construction claims.Try contacting Public Works in Halifax and ask to speak to the Project manager. He should know a few.Lawyers don't lean towards them now that they are available. They were the ones who complained years ago that mediation was the way to go in the future.Something to keep in mind is that maybe, they only do large commercial claims in your province for now. Ontario did 14 billion dollars worth of construction last year and Nova Scotia did .6 billion so our courts are busier than most other provinces.Remember, out here anything under 6 thousand is small claims, between 6 and 25 thousand is simplified rules, and anything above that is general division.Gabe.