Dispute resolution and avoidance techniques in the construction industry
Article Abstract:
The construction industry not only has come to rely on arbitration as its main means of resolving disputes but has also come to apply ways of avoiding disputes. One technique is to appoint a dispute resolution board (DRB) which can provide guidance to parties while a job is ongoing and can step in immediately if a dispute does arise. DRB members are appointed by the parties and chaired by someone who is neutral and trained in dispute resolution. Another technique is the appointment of a dispute resolution specialist, which is like a DRB but more convenient for smaller projects.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1992
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Construction dispute prevention comes of age
Article Abstract:
DPIC Companies has had great success encouraging the design professionals it insures to use mediation rather than traditional methods of resolving disputes. From June 1985 to Jan 1990 80% of those to whom DPIC suggested alternative dispute resolution accepted it, and 76% of those needed no further litigation, saving an average of $40,000 per claim. In such cases DPIC reduces the deductible of the insured professional by 50%. Now 30% of all open claims go through ADR, and that could rise to 50% in five years.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1995
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The complete guide to creative mediation
Article Abstract:
Successful mediation is conducted by an experienced mediator with technical expertise in the disputed matter and who respects the disputants. The mediator should work with the disputants to allow them to solve their problems and thus empower them. The process works if the disputants believe the mediator has the experience and knowledge to provide a basis for resolution.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1997
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