Alternative Dispute Resolution

Introduction to Alternative Dispute Resolution (ADR)

Key Information

Module Review

Amicable Settlement

Overview

Module Review

Dispute Adjudication Boards

Overview

In what year did the Dispute Adjudication Boards become introduced into the FIDIC suite of contracts?

If the DAB decision is disputed, what is the usual period of time that the dissenting party has to issue a Notice of Dissatisfaction?

General Considerations

TRUE OR FALSE

Typical Process for a DAB

The typical process for a DAB is...

Response from the Respondent
Referral from Claimant
Rejoinder from the Respondent
Various other submissions with permission from the Tribunal
Tribunal's "reasoned" Decision
Reply to the Respondent from the Claimant

Dispute Review Board - The ABC Explanation!

Expert Determination

General Considerations

Process for Expert Determination

Knowledge Check

Further Considerations

Mediation

Considerations

True or False

Mediation Typical Procedure

Fill in the blanks

Pro's and Con's

Dispute Boards

Expert Determination

Mediation

Module Review

Knowledge Check

Match the statement to the correct resolution

Сombine elements from the left column with the elements on the right
Dispute Adjudication Boards (DAB)
 
Are discussions 'without prejudice'
Amicable Settlement
 
The decision can be final and binding if the contract says so, subject to the possibility of a Notice of Dissatisfaction.
Expert Determination
 
Further submissions can be requested if he/she believes that a Determination cannot be made on the submissions from the parties.
Mediation
 
It can be set down in and arise from the Contract and it may be mandatory or optional. It can also be a consensual agreement between the parties when the dispute arises.

Match the statement to the correct resolution

Сombine elements from the left column with the elements on the right
Amicable Settlement
 
Their task is to lower both parties' expectations to assist in the compromise.
Dispute Adjudication Boards
 
There are no formal process, procedures or rules - entirely ad-hoc
Expert Determination
 
Best avoided other than for very specialist matters.
Mediation
 
The intention is to settle disputes as they arise during construction - maintaining programmes and cash flow

Match the statement to the correct resolution

Сombine elements from the left column with the elements on the right
Dispute Adjudication Boards
 
Pro's: Good for large and international contracts. Con's: Can require a permanent legal presence for each party to ensure that no "ambush" occurs.
Expert Determination
 
Pro's: Excellent if the parties are open minded to compromise. Con's: If parties are not open minded to compromise, it can be a waste of time and money.
Mediation
 
Pro's: Good on single one point references to an expert in a specialist field. Con's: Often has contractual implications so needs a lawyer and a specialist.

Know your abbreviations