Originally from Dispute Resolution Journal

Misunderstandings, inadequate contracts, errors that cause work delays, late payments: These dark clouds and others have caused the construction industry to turn to dispute avoidance and resolution techniques .... In fact, arbitration has served the construction industry so well that contracts now routinely contain an arbitration clause. The search for faster, less expensive, more conciliatory forms of dispute resolution has also led to a greatly increased use of mediation. Industry contracts may contain mediation/arbitration clauses that allow the parties to try mediation first without giving up the right to proceed to arbitration. The tremendous success of arbitration and mediation in resolving disputes has led the construction industry to focus on new techniques for avoiding disputes-including DRBs and "partnering."