Delivering Dispute Free Projects: Part III – Alternative Dispute Resolution

Construction industry disputes are common and the amounts in dispute are frequently quite large.  Such disputes are often very 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 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, time-consuming and expensive litigation. This webinar discusses nearly thirty forms of ADR that are being used in the construction industry today. 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.

Webinar Objectives

• Learn 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.
• Be exposed to ADR techniques beyond mediation such as mini-trials, summary jury trials, private judging.
• Learn about arbitration and several variants concerning arbitration.
• Finally, understand some ADR techniques that are available even during litigation including voluntary settlement conferences; special masters; court appointed experts; judges pro tem; and trial by reference.

Webinar Agenda

• Introduction
• ADR Methods - Pre-Dispute
• ADR Methods – Initial Claims & Dispute Phase
• ADR Methods – Alternatives During Litigation
• Open Discussion

Webinar Highlights

• Learn about some 25 forms of alternative dispute resolution techniques available in the event of a construction dispute.
• Understand the advantages and disadvantages pf each ADR technique.
• Be able to use this information in selecting an ADR technique for various dispute situations.
• Be able to employ various ADR techniques in order to avoid lengthy and expensive litigation.

Who Should Attend?

• Owners
• Contractors
• Construction Managers
• Design
• Professionals
• Attorneys representing any of the above