Dispute Resolution: An Alternative to Litigation

by Frank Muller, Metro Mediation Services, Ltd, New York, United States,



Document Type: Proceeding Paper

Part of: Preparing for Construction in the 21st Century

Abstract:

A dispute, usually involving several parties, several million dollars and spanning many years, is settled on the court house steps. Excessive costs of litigation and arbitration has caused engineers and other construction industries practitioners to seek alternatives. There are various voluntary and non-adversarial alternative dispute resolution (ADR) procedures. These include negotiation, mini-trials, contract dispute review boards and mediation. Mediation, long established in labor, community and family practice, is growing in its use within the construction industry, as the advantage of such an approach over traditional adversarial methods become clear.

Subject Headings: Dispute resolution | Litigation | Construction industry | Negotiation | Construction methods | Construction management | Management methods

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