Course Catalogue.

After participating in this course, you will be able to:

• Utilize five pre-dispute resolution methods, including escrow bid documents, authority delegation, dispute resolution ladders, geotechnical design summary reports, and project partnering to reduce claims.
• Implement dispute resolution techniques during the initial claims phase, such as Initial Decision Makers, Standing Neutrals, early neutral evaluations, owner review boards, Dispute Resolution Boards, and adjudication methods.
• Apply advanced ADR techniques beyond mediation, including mini-trials, summary jury trials, and private judging.
• Understand the principles and variations of arbitration.
• Recognize ADR techniques available during litigation, including voluntary settlement conferences, special masters, court-appointed experts, judges pro tem, and trial by reference.

Description
Construction industry disputes are common, and the amounts in dispute are frequently quite high. Such disputes are often 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, and followed by either arbitration or litigation. While the construction industry is not considered progressive or forward-thinking, with respect to dispute resolution, the industry has developed a number of 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, lengthy, 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 are different, 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.

Course Outline

• Introduction
• 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
• Conclusion

Who Should Attend

• Owners
• Design professionals
• Construction managers
• Contractors
• Subcontractors
• Construction attorneys