Hybrid ADR in the Construction Industry - Dispute Resolution Journal - Vol. 54, No. 3
James H. Keil
The author is an experienced mediator and arbitrator. He is a former policymaking official of Maine state government, directing a 260-person bureau, and has been instrumental in leading the state of Maine into development of a total quality management (TQM) program. He is on the AAA’s commercial mediation and arbitration panels and is a member of the AAA’s Construction Advisory Council.
During the 1980s, many people thought that "it might be possible for the construction industry to litigate itself out of existence." This is no longer the case due to the increasing popularity of partnering, says James Keil. Partnering is based on the principle of hybrids, where elements of several forms of ADR are combined in an informal process to try and eliminate problems in the construction industry before they have a chance to become entrenched disputes.
There are many forms of alternative dispute resolution that have developed over the years. For centuries, citizen tribunals have been used in various civilizations as parts of justice systems. These citizen tribunals rendered decisions in much the same way as arbitrators, judges, and juries do in the American justice system today.