Isomorphism of Construction Arbitration: The Key to its Prevention and Reversal

 John T. Blankenship © 2010 INTRODUCTION. Isomorphism. I was sorely tempted to take some liberties in earlier iterations of the title of this paper, all for the sake of it being snappy or clever.  The most egregious example was to imply, by comparison to the famous quotation about the weather, that no one is doing […]

Concepts in Conflict Analysis

>>download full article here: WORD:  PDF: Copyright 2011 by John T. Blankenship, all rights reserved Introduction  “You’ll not oppress me brother!”  These words spewed from the mouth of the incensed congregant and shook the church like thunder.  As tense and volatile as the meeting was, the congregation was dumbstruck by the outburst.  This kind of […]

Understanding Conflict

“EVERYONE RAISE YOUR HANDS (BUT DO IT SOMEWHERE ELSE)” OR “EVERYONE CLAP YOUR HANDS (BUT LET ME STICK MY FINGERS IN MY EARS)” Understanding Conflict Fall 2006 Professor Leonard Riskin [CONFIDENTIAL] >> download articles here: WORD: Understanding Conflict PDF:Understanding Conflict I. Introduction “You’ll not oppress me brother!”  These words spewed from the mouth of Cameron […]

Med-Arb: A Template for Adaptive ADR

>> To download the full article, click here: (PDF)Med-Arb: Template for Adaptive ADR.pdf | (Word Doc)MED-ARB- A TEMPLATE FOR ADAPTIVE ADR I. INTRODUCTION Med-Arb is an acronym for mediation-arbitration,[i] a hybrid method of dispute resolution which combines both mediation and arbitration.[ii] Although there are different variations of med-arb, in its “pure form” it is conducted […]

Mediation Case Study: Teaching Course

The Case of Hercules Construction Company and All Things Mechanical Corporation and Premier Piping, Inc. ©2007 John T. Blankenship  1.  Teaching Notes >> Download the full pdf: The Case of Hercules Contruction, All Things Mechanical Co and Premier Piping, Inc. a. Introduction. This case concerns a construction dispute between three companies in which the parties […]

The Vitality of the Opening Statement in Mediation:

 A Jumping-Off Point to Consider the Process of Mediation >> download the complete document here: The Vitality of the Opening Statement in Mediation I. Introduction “If both sides are prepared for the mediation, I tend to think the opening statements are a waste of time, at best, and inflammatory at worst.”1 This was one of […]

Is Arbitration Falling Out of Favor in the Business Communuty

I.  Summary. For decades the construction industry has embraced arbitration as its preferred binding dispute resolution procedure.  The virtual partnership between the American Institute of Architects (AIA) and the American Arbitration Association (AAA) has undoubtedly been a major influence on the perpetuation of this practice.   The AIA is beginning to re-align its relationship with the […]