Delivering Dispute Free Projects - Alternative Dispute Resolution
After attending this webinar, you will:
- Be exposed to five pre-dispute dispute resolution methods including the use of escrow bid documents; the value of an authority delegation; implementation of a dispute resolution ladder; the use of a geotechnical design summary report; and how project partnering can reduce claims;
- Explore dispute resolution methods during the initial claims and dispute phase including an Initial Decisions Maker; a Standing Neutral; the value of early neutral evaluation; the use of owner review boards; the value of a Dispute Resolution Board; the potential use of adjudication; as well as traditional mediation plus a number of variations;
- Understand ADR techniques beyond mediation such as mini-trials, summary jury trials, private judging;
- Learn about arbitration and a number of variants concerning arbitration; and,
- Be aware that some ADR techniques are available even during litigation including voluntary settlement conferences; special masters; court appointed experts; judges pro tem; and trial by reference.
Construction industry disputes are common and the amounts in dispute are frequently quite high. Such disputes are often quite complex making it difficult to present issues clearly to non-technical triers of fact. Until the late 1980s, the traditional dispute resolution process involved negotiations, possibly mediation, followed by litigation. Although the construction industry is not typically considered to be progressive or forward thinking, with respect to disputes resolution the industry has developed a many alternative means of resolving disputes. Numerous ADR techniques have been developed and implemented, all with the end goal of resolving disputes without resorting to traditional, time-consuming and expensive litigation.
This webinar discusses nearly thirty forms of ADR that are being used in the construction industry. While some are merely variations of a theme, all differ and all have advantages and disadvantages that should be considered prior to selection. The various forms of ADR are presented in logical order following a dispute from the project site to the adjudicative forum.
- Pre-Dispute Alternative Dispute Resolution Methods
- Initial Claims and Dispute Phase
- Alternative Dispute Resolution Before Boards of Contract Appeals and Court of Federal Claims
- Alternatives During Litigation
Who should attend:
- General contractors and their project managers
- Project owners and their representatives
- Design professionals
- Construction managers
- Construction attorneys
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