Swinning ADR Battles

摘要

Alternative dispute resolution (ADR) has be- come the method of choice for resolving claims between engineers, architects, contractors and owners. Much has been written about why ADR is preferable to litigation, but little has been said about what goes on behind closed doors. Three case studies of actual mediation pro- Ceedings show how the presentation of facts by The parties, together with such factors such as Consultant analyses, new arguments brought Up at the mediation session, and the sesitivi- Ties of the mediator, can affect the outcome of ADR proceedings.