Arbitration and Litigation: A Trial Attorney's Perspective
Presented by: Samuel J. Muir, Attorney, Collins Collins Muir + Stewart, LLP
AIA/CES Learning Units: 1.0 Hours
Course release date: March, 2012.
This continuing education course describes how and why arbitration and civil litigation are vastly different procedural mechanisms for dispute resolution. Many design professionals sign arbitration agreements either because the client requires it, or because the professional believes that arbitration is cheaper, faster, and more efficient than trial. Civil litigation may seem more formal and costly, but the courtroom provides many needed due process protections for the litigants. While arbitrations are private and confidential, the arbitrator is not bound by “dry law,” and may make awards on the basis of “fairness and equity.” For the prevailing party, the lack of judicial oversight may be a good thing, but the award binds the parties even if there has been an egregious error by the arbitrator. As arbitration agreements are subject to contract interpretation, this course will help design professionals negotiate a clause that provides many of the legal protections inherent in civil litigation.
Course viewers may also download a full written transcript of this course.
For technical questions or questions about reporting your AIA credits, please email support@aecKnowledge.com or call 415.755.3058.
(As licensing requirements differ by state, please check with your state licensing board to ensure that this course meets their specific continuing education requirements.)
Course Prices: $30 AIA members, $40 non-members