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Resolving Public Sector Disputes: A Road of Politics and Potholes - Chapter 8 - AAA Handbook on Construction Arbitration and ADR - Third Edition

Author(s): 
Richard D. Rhyne
Taylor R. Ray
Page Count: 
11 pages
Published: 
March, 2016
Author Detail: 

Richard D. Rhyne is a Partner at Lathrop & Gage, LLP in Kansas City. Mr. Rhyne’s practice focuses on construction litigation, commercial litigation and alternative dispute resolution. Mr. Rhyne received a JD, with distinction from the University of Missouri–Kansas City School of Law in 1974.  He has participated in over 100 arbitrations as either counsel or arbitrator and over 100 mediations as mediator.  He is listed on the American Arbitration Association Panels of Arbitrators and Mediators, is on the roster of neutrals for Missouri Supreme Court Rule 17 and is a Certified Neutral with the U.S. District Court for the Western District of Missouri.  He was selected as Construction Litigation “Lawyer of the Year” by Best Lawyers in 2013.  He is the author of numerous articles and a frequent lecturer on ADR matters.  For a complete Biography, visit http:// tinyurl.com/ybrajx2.

Taylor R. Ray is a University of Kansas Law School Student and Summer Associate at Lathrop & Gage, LLP in Kansas City. Ms. Ray updated citations in 2015 to ensure this article represents modern mediation trends. Ms. Ray focuses on business law and is President of Women in Law at the University of Kansas.

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Resolving Public Sector Disputes: A Road of Politics and Potholes

Richard D. Rhyne and Taylor R. Ray

I. Introduction

The authors of standard form construction agreements (e.g., the American Institute of Architects and the Associated General Contractors of America) recognized the well-documented and widely acknowledged benefits of mediation when they added a mediation clause to their dispute resolution provisions. It is challenging enough to mediate a dispute among private sector parties willing to put aside their biases, listen to the arguments of the other side, and seriously consider the strengths and weaknesses of their respective positions. However, when a government employee or entity is a party to construction mediation, additional challenges are presented simply because that party is a public entity.