The author is a litigation partner of the law firm lrsfeld , lrsfeld & Younger, in Califomia. He has expertise in all phases of civil litigation including tactical planning, discovery, court trials, jury trials, arbitrations and appeals a lUI hns served as an AAA arbitrator in over 70 construction arbitrations. This article is a chapter excerpt from ADR: A Practical Guide to Resolve Construction Disputes, soon to be published by the American Arbitration Association.