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general liability insurance in montgomery alabama |
| Increasingly, mediation is finding favor over arbitration to resolve a wide variety of disputes in the construction industry. For example, revisions to the American Institute of Architects ("AIA") form contracts expand the use of mediation by including compulsory mediation clauses. Moreover, faced with the complexities of managing multiple parties and experts, counsel in construction defect cases are opting more than ever to use mediation. As compared to litigation, the benefits of mediation include its voluntary nature, reputation for quick resolution of claims, ability to save money by avoiding trial and capacity for preserving relationships among the parties. These attributes suggest mediation is an attractive alternative to litigation in the construction industry.
Despite the differences between mediation and litigation, these processes share a common requirement-the need to involve the "right" parties. In particular, the likelihood
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