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2006

Dispute Resolution and Arbitration

Alternative Dispute Resolution

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Full-Text Articles in Law

The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook Jun 2006

The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook

Utah Law Review

Thousands of cases are resolved every year in Utah by private and court sponsored mediation and other ADR programs, and ADR utilization trends are moving up every year. Since 1990, over 3600 lawyers and non-lawyers have received mediator training in Utah. Clearly, ADR has a growing positive impact on access to justice in this state. However, it is just as clear that ADR by itself does not satisfy the huge and growing unmet needs of moderate-income, low-income, and poor people for dispute resolution services in this state.


Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes Jan 2006

Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes

Seattle University Law Review

On August 1, 2005, significant amendments to the Washington Condominium Act (WCA) became effective. These amendments were intended to substantially reduce water infiltration in multiunit residential buildings and to simplify the condominium construction dispute resolution process. The heart of the amendments is the implementation of alternative dispute resolution (ADR) procedures, as well as fee-shiftingprovisions which require the non-prevailing party to pay the attorney fees and costs of the prevailing party. A decade of lawsuits brought under the WCA by condominium owners associations against builders and developers, and in turn by builders against subcontractors, alleging defects in the ability of the …