Resolution methods for preventing and resolving construction disputes
In this chapter, we will first identify the most common construction disputes and provide a general overview of alternative dispute resolution methods. When describing the different methods, we will explore both service providers and trends. In Section IV, we will refer to dispute boards, as their use has increased in recent years and adjudication will be specifically considered as a statutory mechanism. Mediation’s significance is discussed because in spite of its multiple advantages, contractors and counsel are not sufficiently aware of them. And lastly, we will provide basic advice and references from which to choose and draft dispute resolution clauses. In sum, we will conclude that dispute avoidance is preferable to dispute resolution and that early involvement of neutrals benefits the final completion of the project.
Mediation in International Commercial and Investment Disputes. Oxford University Press, 2019.