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(CDR-2608) Hot Tubs and Other ADR Remedies for Disputes that Ail You

Level: Advanced
Author(s): Kathleen Olden-Barnes; Christopher J. Brasco; George (Trip) Stewart
Venue: 2017 AACE International Annual Meeting, Orlando, FL

Abstract: The prompt resolution of claims is more essential than ever on the modern construction process. The speed, frequency, and complexity of changes as well as the conditional availability of project financing have linked project success and efficient claim resolution more closely than they have ever been in the past. This paper explores how expert-based approaches to ADR can be tailored to facilitate claims resolution on even the most troubled projects. By effectively integrating subject matter experts into the ADR process, parties may be able to resolve issues on complex construction projects more quickly and efficiently. Accordingly, this paper will address concurrent expert testimony, also known as “hot tubbing,” and how this process helps foster expert-based ADR. This paper will then proceed to explore how hot tubbing may be modified so that it better fits the needs of the dispute at hand.