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A lawsuit is a civil action brought in a court of law in which a plaintiff, the party who claims to have incurred loss as a result of a defendant actions, demands a legal or equitable remedy. The conduct of a lawsuit is called litigation, which here refers to a construction dispute tried in court.
Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties refer the dispute to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party (not a judge or jury) reviews the case and imposes a decision that is legally binding for both sides.
As used here, is a form of alternative dispute resolution (ADR), and a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement (facilitative mediation). In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so (evaluative mediation).
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The Holloway Consulting Group, LLC
Construction Claims and Disputes Experts
12081 W. Alameda Pkwy., #450
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