USE OF ALTERNATIVE DISPUTE RESOLUTION IN THE CONSTRUCTION INDUSTRY

Due to the delays and expense associated with construction litigation, public and private owners are turning to alternative dispute resolution (ADR) to solve contractual disagreements. Six types of ADR are available: 1) court-annexed arbitration, 2) early neutral evaluation, 3) mediation, 4) consensual jury or court trial before a magistrate, 5) settlement conferences, and 6) special masters. This article provides a brief overview of each ADR method, notes the efforts in the Federal court system to use ADR to mitigate calendar congestion, and discusses the dispute review board as advocated in the American Society of Civil Engineers pamphlet "Avoiding and Resolving Disputes During Construction: Successful Practices and Guidelines."

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/0742597X
• Corporate Authors:

  American Society of Civil Engineers

  345 East 47th Street
  New York, NY  United States  10017-2398
• Authors:
  • Treacy, T B
• Publication Date: 1995-1

Language

• English

Media Info

• Features: Appendices; References; Tables;
• Pagination: p. 58-63
• Serial:
  • Journal of Management in Engineering
  • Volume: 11
  • Issue Number: 1
  • Publisher: American Society of Civil Engineers
  • ISSN: 0742-597X
  • Serial URL: http://ascelibrary.org/loi/jmenea

Subject/Index Terms

• TRT Terms: Alternatives analysis; Arbitration; Construction; Construction industry; Courts; Disputes; Evaluation; Guidelines; Legal action; Ownership; Psychological conflict
• Uncontrolled Terms: Owners
• Old TRIS Terms: Construction problems
• Subject Areas: Construction; Highways; Law; I10: Economics and Administration;

Filing Info

• Accession Number: 00672365
• Record Type: Publication
• Files: TRIS
• Created Date: Jan 27 1995 12:00AM