Adapting Alternative Dispute Resolution to Meet the Demands of Modern Projects

摘要

Complexity and uncertainty have become hallmarks of modern construction projects. Over the past two decades, our industry has experienced rapid changes that have fundamentally transformed the industry. Advances in technology and innovation have changed the way projects are planned, constructed, and monitored. Speed to the market has become a premium. Shrinking budgets and alternative delivery methods have presented unique challenges and caused a realignment of project partners, with a marked shift away from the traditional design-bid-build model. And we are still suffering from a global recession, the worst in 80 years. The rapid rate of change and new alignments of project participants have placed a premium on efficient, timely dispute resolution. This article will examine commonly-used ADR (alternative dispute resolution) methods (e.g., mediation, arbitration, DRBs, project neutrals) and discuss how these mechanisms can be adapted to meet the needs of modern projects. Gone are the days when parties can simply reserve rights and fight later. Rather, the authors will suggest ways in which participants can incorporate efficient, effective dispute resolution techniques into their projects. This article was first presented as CDR.1404 at the 2013 AACE Annual Meeting in Washington, DC.