ILLINOIS MECHANICS LIENS / COVID-19

Cost-Efficient Dispute Resolution

Finding Common Ground in Design and Construction Disputes

Jeremy believes in early, cost-efficient dispute resolution.  Many disputes can be avoided – or minimized – by thoughtful early intervention.  Few design and construction lawsuits ever reach a courtroom trial before a judge or jury.  They tend settle on the courthouse steps after years of frustrating, disruptive, and expensive litigation.  

Smart businesspeople are asking, “Why do we pay so much to prepare for trials that seldom occur”?  We hear them.  And we know that their lawyers’ lack of creativity and obsolete mindsets are partially to blame.  We use strategies to bring design and construction disputes to quick, cost-efficient, and successful conclusions.  

Since 2002, Jeremy has continuously and successfully litigated, arbitrated, and mediated countless design, construction, and other disputes across the U.S. 

  • Litigation is the default form of dispute resolution.  Unless you displace it with Alternative Dispute Resolution (ADR), courts will resolve your disputes. 
  • Mediation and arbitration are popular forms ADR, which comes in ‘binding’ and ‘non-binding’ varieties.  
    • Mediation is a ‘non-binding’ process where a mediator helps parties try to reach amicable settlements. Mediators are not empowered to force a settlement, so parties can end the mediation at any time.
    • Another popular non-binding ADR technique is step negotiation.  There, senior managers a step above the day-to-day project participants meet and try to resolve the disputes their subordinates could not.   
    • Arbitration is a ‘binding’ form of dispute resolution. Like judges, arbitrators are empowered determine who ‘wins’ and ‘loses’ design and construction disputes. 
  •  If ‘non-binding’ ADR methods fail to amicably settle claims, the disputing parties are free to battle in ‘binding’ arbitration or court litigation. 

Jeremy’s dispute resolution toolkit includes these and other binding and non-binding strategies to successfully resolve design and construction disputes. 


LITIGATION

Jeremy is an experienced litigator who has prosecuted and defended lawsuits in well over 30 state and federal court venues. He has aggressively prosecuted dozens of claims on a 100% contingency fee basis. However, he is equally experienced on the defense side of the courtroom. Jeremy gained invaluable litigation experience in the chambers of the Honorable Morey L. Sear, Chief Judge Emeritus of the U.S. District Court, Eastern District of Louisiana (New Orleans), who Jeremy was honored to serve on a nearly full-time basis in 2001-2002 during his last year at Tulane Law School. However, even after litigation begins, his focus is early, cost-efficient dispute resolution.  


ARBITRATION

Jeremy is an experienced advocate in arbitration proceedings, which are vastly different than court litigation. He has prosecuted and defended claims in many American Arbitration Association (AAA) proceedings. Jeremy has won multiple arbitration awards in live, contested AAA evidentiary hearings as sole trial counsel. He also served on teams that won major arbitration awards after weeks and weeks of disputed arbitration hearings. His focus is early, cost-efficient dispute resolution, even when arbitration proceedings are underway. 


MEDIATION

Jeremy has represented clients in high stake mediations – with up to $40 million at stake – before elite mediators from California to New York.  He has a long track record of using mediation to expose the flaws of his opponents’ positions and force great settlements. He knows that a well-designed mediation, facilitated by a top mediator, is effective to resolve disputes. His focus is early, cost-efficient dispute resolution.  

Early, Cost-Efficient Dispute Resolution

Smart businesspeople are asking, “Why do we pay so much to prepare for trials that seldom occur”?


To learn more, contact Baker Law today.