Construction

Arbitration, Mediation & Alternative Dispute Resolution

Stites & Harbison has a wealth of ADR experience conducting ADR sessions as either mediators or arbitrators, and in advocating on behalf of clients in the ADR setting. The firm's attorneys mediate and arbitrate all types of disputes. Ten of our firm's attorneys completed training or certification in mediation, and eight completed training or certification in arbitration. The New York City-based CPR International Institute for Conflict Prevention & Resolution has named three Stites & Harbison attorneys to its Panel of Neutrals. In addition, many others have received training in ADR by the American Arbitration Association, the Atlanta Justice Center, or the Mediation Center of Kentucky and regularly serve as arbitrators and mediators.

As advocates, we understand that the majority of litigation results in a negotiated settlement. We are experienced and well-equipped to achieve the best settlement results possible for our clients. We have settled hundreds of millions of dollars in claims by alternative dispute resolution. In one recent case, Stites & Harbison helped achieve a mediated settlement of $12 million in favor of the firm's client.

In our experience, mediation and other forms of alternative dispute resolution often succeed in terminating litigation on terms acceptable to both parties. Mediation or ADR forces a plaintiff to realistically assess a case and come face-to-face with its weaknesses. Otherwise, this might not happen until the eve of trial.

In cases involving complex engineering or scientific principles, we have sometimes used a “non-lawyer neutral” in direct interface with experts retained by the adverse parties. Sometimes we do this without lawyers present; sometimes we have lawyers present, but only for the purpose of observing to ensure the fairness of the process. We have noted how much time can be saved and how many technical issues can be resolved in this manner. Mediations or arbitrations are substantially shortened, and the issues narrowed more quickly.

Examples of complex cases we successfully resolved by ADR include:

  • A construction mold case involving $25 million in damage to a hotel in Charleston, S.C. Large amounts of water infiltrated the building within a year of its completion. Essentially, the entire building from the concrete structure out had to be torn down and rebuilt. Engineering issues concerned whether this was a result of construction errors in the masonry system, or design errors by the HVAC engineer inducing negative pressures and exacerbated by the humidity of the South Carolina summer. Ground-breaking scientific approaches to proof were developed in this case.
  • A $40 million case involving the chemistry of flu gases generated in a coal-burning power plant, and the metallurgy of a very rarely-used grade of stainless steel that was specified for construction of a scrubber tower. We represented an international engineering and construction company that was the world's leading builder of power plants. On the other side was the last U.S. manufacturer of boilers used in power plants. Each of these companies needed the other in order to maintain its market going forward. The ADR, which followed months of aggressive litigation, was structured totally around future business arrangements between the parties.
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Press Releases

Dan Douglass and Walker Entwistle Recognized in 2019 Georgia Super Lawyers

ATLANTA—Stites & Harbison, PLLC attorneys Dan Douglass and Walker Entwistle were recently honored in the 2019 Georgia Super Lawyers magazine.

by Stites & Harbison, PLLC February 21, 2019
Client Alerts

Supreme Court Settles Age-Old Arbitrability Debate

Many construction contracts designate arbitration as the means to adjudicate disputes which are not resolved through executive negotiation, mediation or some alternate method. Occasionally, a question arises whether the claim falls within the scope of the arbitration clause.

by William G. Geisen January 14, 2019
Press Releases

Kentucky Super Lawyers Honors 42 Stites & Harbison Attorneys for 2019

LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 07, 2018
Press Releases

Ten Stites & Harbison Attorneys Honored by 2018 Mid-South Super Lawyers

NASHVILLE, Tenn.—The 2018 edition of Mid-South Super Lawyers recently honored 10 Stites & Harbison, PLLC attorneys. Five attorneys were named to the Super Lawyers list and five were named to the Rising Stars list. Of...
by Stites & Harbison, PLLC November 27, 2018
Press Releases

Benchmark Litigation 2019 Honors 15 Stites & Harbison Attorneys

LOUISVILLE, Ky.—The 2019 edition of Benchmark Litigation names 11 Stites & Harbison, PLLC attorneys as “Litigation Stars” and four as “Future Stars” in Kentucky. The guide honors the firms and attorneys who have demonstrated the...
by Stites & Harbison, PLLC November 07, 2018
Press Releases

Stites & Harbison Welcomes Attorney Jamie Little to the Nashville office

NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney Jamie Little to the Nashville, Tenn., office. She serves as Counsel to the firm in the Construction Service Group. Little has more than 10 years of legal experience...
by Stites & Harbison, PLLC October 30, 2018
Press Releases

Rebecca Wichard Sherman selected for Leadership Lexington's Class of 2018-19

LEXINGTON, Ky.—Leadership Lexington has selected Stites & Harbison, PLLC attorney Rebecca Wichard Sherman as a member of the 2018-19 Leadership Lexington program. Through the eleven-month program, participants are provided with opportunities to gain a better...
by Stites & Harbison, PLLC August 23, 2018
Press Releases

Dan Douglass and Walker Entwistle honored in 2018 Georgia Super Lawyers

ATLANTA—Stites & Harbison, PLLC attorneys Dan Douglass and Walker Entwistle of the Atlanta office were recently honored in the 2018 Georgia Super Lawyers magazine. Douglass has been named to the Super Lawyers list eleven times...
by Stites & Harbison, PLLC May 23, 2018
Press Releases

Stites & Harbison Attorneys Earn 2018 Best of the Bar Honors

NASHVILLE, Tenn.—The Nashville Business Journal honored Stites & Harbison, PLLC attorneys Stuart Campbell and Greg Smith with the 2018 Best of the Bar award. Each is a Member (Partner) of Stites & Harbison. More than...
by Stites & Harbison, PLLC April 30, 2018