Using Alternative Dispute Resolution Techniques In Construction Disputes

Abstract

This article was written for engineers and people in the construction industry in Japan and presented at the 3rd International Symposium on Infrastructure Management and Financing, Kyoto University, Kyoto Japan, August 31, 2003. It describes the history and use of alternative dispute resolution (ADR) in the United States generally, with particular emphasis on the use of ADR in the construction industry. There is no intent to suggest what should be done to solve construction disputes in Japan. The purpose is to describe American ADR and hope that this information will be both interesting and useful to those people interested in the construction industry in Japan and other countries. This paper makes a variety of points about ADR and the construction industry. A rather lengthy appendix provides an ADR resource and includes a short article about a basic mediation model used for community disputes, a short description of a construction mediation, a excerpt from an article describing mediator styles, a glossary (or set of definitions) of a wide variety of ADR processes, some sample ADR clauses for written contracts, and a few ADR web sites.

Keywords: alternative dispute resolution, ADR, mediation, United States, construction, construction disputes