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(CDR-1404) Adapting Alternative Dispute Resolution to Meet the Demands of Modern Projects

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Primary Author: Mr Christopher M. Anzidei
Co-author(s): Mr Christopher J Brasco; Mr Adam M Tuckman; Mr Blake V. Peck PE; Mr Brian M. Perlberg

Audience Focus: Advanced
Application Type: Research
Venue: 2013 AACE International Annual Meeting, Washington, DC, USA

Abstract: Complexity and uncertainty have become hallmarks of modern construction projects. Over the past two decades, our industry has experienced rapid changes that have fundamentally transformed the industry. Advances in technology and innovation have changed the way projects are planned, constructed, and monitored. Speed to the market has become a premium. Shrinking budgets and alternative delivery methods have presented unique challenges and caused a realignment of project partners, with a marked shift away from the traditional design-bid-build model. And we are still suffering from a global recession, the worst in 80 years.
The rapid rate of change and new alignments of project participants have placed a premium on efficient, timely dispute resolution. Our paper will examine commonly-used ADR (Alternative Dispute Resolution) methods (e.g., mediation, arbitration, DRBs, project neutrals) and discuss how these mechanisms can be adapted to meet the needs of modern projects. Gone are the days when parties can simply reserve rights and fight later. Rather, the authors will suggest ways in which participants can incorporate efficient, effective dispute resolution techniques into their projects.