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You Know ADR, But What About EDR?

Blog Post

Featured in the Cleveland Metropolitan Bar Journal and the Orange County Bar Association's "The Briefs"

BMD Member Bob Hager and Partner Jessica Hew recently co-authored a featured article for the Cleveland Metropolitan Bar Journal and the Orange County Bar Association's magazine, "The Briefs." Discover their insights on strategically selecting dispute resolution methods and effective implementation tips by reading the full article here. 

Resolution of Legal Disputes
Most lawyers are familiar with mediation and arbitration as alternative forms of dispute resolution. Contracts often require the parties to engage in non-binding mediation as a condition precedent to filing a Complaint or Demand for Arbitration. Local Rules of Court and Case Management Orders often include provisions for court-ordered mediation as a method of reducing the number of civil actions which proceed to trial. Lawyers have various tools available to help clients resolve their disputes. Strategic selection of the preferred dispute resolution method must be made by attorneys and their clients on a case-by-case basis.

While litigation is necessary and appropriate in certain circumstances, it certainly has disadvantages as pointed out by Abraham Lincoln:

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good [person]. There will still be business enough.

With these words of wisdom in mind, lawyers should be creative when deciding how to bring value to and best serve their clients.

Read the full article in the Cleveland Metropolitan Bar Journal or the Orange County Bar Association's "The Briefs."


Ohio’s Statute of Repose: Is it Really a Bar to All Construction Claims?

In response to the increase in common-law claims against architects and contractors brought by third parties who lacked “privity of contract”, many states enacted a construction statute of repose. A statute of repose is intended to forever bar claims for certain injuries or damages after a set period of time following substantial completion. Subject to certain exceptions, the primary distinction between a statute of repose and statute of limitations is that a statute of repose begins to run regardless of whether one is aware of a defect.

Martin Pangrace and Catherine McCain Presenting at AIA Contract Document Workshop - September 26, 2017

BMD's Christopher Walker Helps Connect Veterans with Housing Options

Christopher Walker, a partner with BMD, is currently representing the Invest in America's Veterans Foundation, an organization that strives to provide a "head start" for veterans that involves the least amount of "red tape" possible.

Robert A. Hager Awarded the John Carroll University 2017 Alumni Medal

Robert A. Hager awarded the John Carroll University 2017 Alumni Medal

Ohio Court of Claims Explains Surety’s Obligations After Contractor Default

A surety thinking of funding its bankrupt principal for the purpose of completing a project should take notice of the recent decision in Jutte Elec., Ltd v. Ohio Facilitates Constr. Comm.