Kent B. Scott is a shareholder in Babcock Scott & Babcock, a construction law firm in Salt Lake City, as well as an arbitrator and mediator.
Adam T. Mow is an attorney with Jones Waldo Holbrook & McDonough in the Salt Lake City office, specializing in construction law. (He was previously a shareholder at Babcock Scott & Babcock, and co-authored this article while at that firm.) Mr. Mow also serves as an arbitrator and mediator. Both authors serve on the commercial panel of the American Arbitration Association and both are members of the Utah Bar Association's Dispute Resolution Section and Utah Dispute Resolution.
In addition, Mr. Scott serves on the panel for the U.S. District Court (Utah) and is a member of the ABA's Dispute Resolution Section and its Forum on the Construction Industry. The authors wish to thank Carl Ingwalson for his invaoluable contributions and refinements to this article.
Arbitration is thousands of years old, from Aristotle to the Elizabethan Era, people have recognized that disputes are often best resolved outside of the courts. And until vArbitration is thousands of years old, from Aristotle to the Elizabethan Era, people have recognized that disputes are often best resolved outside of the courts. And until very recently, arbitration was the prefeered dispute resolution method in the United States for the construction industry. Other industries also have chosen to arbitrate instead of using the courts to resolve disputes, and companies of all kinds have chosen to use it for employment disputes.