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Construction disputes have led to a wide range of alternative dispute resolution processes—from negotiation and Dispute Review Boards to arbitration and more. Alternate Dispute Resolution for Construction Disputes is a step-by-step guide for both novice and experienced attorneys, covering major processes and identifying the key risks counsel must manage along the way.
Publisher: Matthew Bender
Construction disputes differ significantly from most commercial disputes. They typically involve more parties, more documents, more claims, and a wider variety of dispute resolution processes than other commercial conflicts. Adding to the complexity, parties often must continue working together while the dispute is ongoing.
The numerous variables in construction disputes mean that multiple risks must be managed—starting with the drafting of dispute resolution provisions in the construction contract and continuing through every stage of the dispute resolution process.
With a particular focus on the rules and guidelines of the American Arbitration Association, Alternate Dispute Resolution for Construction Disputes examines both common claims and the primary types of alternative dispute resolution used in construction cases:
• Negotiation
• Early Neutral Evaluation
• IDMs and Project Neutrals
• Dispute Review Boards
• Mediation
• Arbitration
• International Construction Arbitration
Construction disputes require attorneys and their clients to navigate numerous risks to meet their goals. Unique among legal texts, ADR in Construction: A Risk Management Approach includes hypotheticals that illustrate how each process presents risk management challenges, offers drafting tips to mitigate risk, and shows how risks can be identified, quantified, and strategically managed.
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