Faced with Construction Claims?
Deciding whether to litigate an issue can be tough as it’s a commitment to years of discover, disposition, and of course waiting. Crowded court calendars preclude most construction disputes from being heard until many years after the suit is initially filed.
This is especially true for disputes arising from large, complex project and involving numerous parties. During this extended period typical to traditional litigation, witnesses may disappear, memories fade, and parties continue to lose money, incur legal and expert costs.
Alternative Dispute Resolution (ADR) offers a number of advantages for resolving your claims today leveraging industry experts who understand your issues rather that judges and juries who likely have limited understanding on the nuances of your issues
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) is simply any approach taken to resolve disputes without litigation.
American non-legislative dispute resolution began in the 1700’s with the Puritans have evolved over time gaining traction in construction and general business in the 1970’s.
Groups such as the American Arbitration Association, Dispute Resolution Board Foundation, and many others have emerged to provide resources, training, and guidance to project stakeholders and Neutrals to ensure fair and intentional approaches to peacemaking across issues.
ADR approaches today are largely:
Mediation: Facilitates development of a settlement but does not decide merit.
Arbitration: Provides Award decision on merit and quantum that is typically binding.
Dispute Resolution Boards (DRB): a 3-person panel approach to determining a recommendation or award of issues for a project.
Dispute Resolution Authority (DRA): a 1-person approach to determining a recommendation or award of issues for a project.
Other Resources:
American Bar Association / ADR
Dispute Resolution Board Foundation
American Arbitration Association / Construction
