JAMS Global Construction Solutions - Volume 3, No. 3 • Fall 2010


In this issue: Why Construction Mediations Fail: Two Views; Reviewing Dispute Review Boards; Assisted Solutions by Neutrals to Common Project Challenges; GEC Neutrals Resolve an Array of Construction Disputes; The European Mediation Directive; and Notices and Calendar of Events

JAMS GEC Offers “Rapid Resolution” ADR Training

One of the most effective ways to control costs incurred in pursuit or defense of claims is to understand and take full advantage of the myriad creative approaches to construction ADR. No two claims may warrant the same approach, and “one size” of ADR clearly does not “fit all” disputes. Although the 2007 AIA Contract Documents and the 2007 ConcensusDocs sought to stimulate business and law firm focus on crafting appropriate approaches to dispute resolution short of litigation(the “default option” under both forms), for many in the construction industry the dispute resolution issue still comes into focus only after a dispute has arisen or after litigation or binding arbitration has been commenced. By that time, parties frequently regard themselves as locked into expensive contractually stipulated dispute resolution methods, which inexperienced contract administrators or unskilled lawyers tend to follow in rote.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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