Course Catalogue.

After participating in 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, the 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 decision 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 or a Dispute Adjudication Board; as well as traditional mediation plus a number of variations.
• Understand ADR techniques beyond mediation, such as mini-trials, summary jury trials, and private judging.
• Learn about arbitration and some variants concerning arbitration.
• Be aware that some ADR techniques may be available even 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