2013 Spring (PDF) - Wisconsin Underground Contractors Association

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Alternative Dispute Resolution (ADR) WUCA members are in business to do construction – and not to be involved in expensive lawsuits that take them away from their work and into the courtroom. Yet differences between customers, contractors and sub-contractors do arise and can result in litigation. There are ways of resolving disputes short of going to trial. The two most common types of ADR are mediation and arbitration. Mediation is a voluntary procedure where the parties agree to attempt to reach a settlement by using a mediator. The mediator acts as a neutral and works with the parties to determine what is really at issue and what ways exist to resolve the dispute. The mediator will offer suggestions and give opinions but they are not binding. Ultimately, it’s up to all of the parties to decide if there is an outcome that is acceptable. Arbitration is binding and requires an agreement by all parties that the arbitrator’s decision is final. The arbitrator is neutral and acts in a manner similar to a judge presiding over a trial. Witnesses are called by each party and give both direct testimony and testimony under cross-examination. At the end of the hearing, the arbitrator gives a decision. A major advantage of both mediation and arbitration is that they are confidential proceedings. This is in contrast with a court hearing which is open to the public and where all of the documents filed with the court are available for public review. If you have a dispute, is it better to go to mediation or arbitration? The answer is “It depends.” The advantages of mediation are as follows. It takes less time so it’s less expensive, the parties determine the outcome because it’s voluntary and, if it’s successful, the parties achieve certainty as to the result. The disadvantage is that, since it is voluntary, it does not always result in a resolution. The advantages of arbitration are as follows. It’s less expensive and faster than going to trial and an outcome will be reached whether both parties agree or not. Thus, it is final. The disadvantage is that the parties do not determine the outcome, the arbitrator does. Whether you choose to mediate or to arbitrate, it is important to select a qualified, experienced individual to conduct the process. This will increase the chances of resolution and cut down on the expense. In making your selection, it is important to know the number of mediations and arbitrations the person has conducted, what type of disputes were involved, what is his or her success rate, and does the individual have significant litigation experience. If a case goes to trial, you cannot handpick the judge. But if you decide to mediate or arbitrate, you can select the person you want to work on your dispute. Article provided by Patrick Fiedler is a partner at Axley Brynelson, LLP with offices in Madison and Waukesha. His practice focuses on litigation and alternative dispute resolution. Prior to joining Axley, he was a Dane County Circuit Judge for 18 years. Pat can be reached at (608) 283-6753 and pfiedler@axley.com. 20
In Memoriam Marteen "Dutch" Vliegenthart entered Eternal Life on January 9, <strong>2013</strong>, at the age of 72. He was a resident of Raymond, WI. Dutch was the beloved husband of Kathy (nee Last) for 25 years and father of Nicholas, John, Marty, Darrell, Derek and Brian plus grandfather of seven grandchildren. Dutch is further survived by siblings in Holland. Dutch was a pioneer in the mining industry. He was a strong man who had an authentic fun side to him. He will be remembered by all those who met him and greatly missed by the many who loved him. He worked many years with J.F. Shea Construction and helped build Milwaukee’s deep tunnel during the 1990’s. For those that knew Dutch, he will be solely missed. Truly a great person. 21
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2013 Spring (PDF) - Wisconsin Underground Contractors Association

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