I. Introduction

In the toolbox of ADR techniques, there is one dispute avoidance and

resolution mechanism that has proved to be effective time and time again

in eliminating or resolving construction disputes—the dispute resolution

board. The DRB, which is usually a panel of three neutral, technically

qualified individuals, provides the owner and the contractor with

recommended solutions to disputes at the construction site “in real time.”

Up to now, public sector owners have been the principal users of

DRBs. In order to make the process more widely understood and

increase its use in both private and public construction, the American

Arbitration Association maintains three important resources:

• DRB procedures and guidelines (Guide Specifications);

• A model contract that documents the rights and responsibilities

of owners and contractors and the members of the DRB (the

Three-Party Agreement); and

• An AAA roster of highly experienced DRB panelists.

The drafters of the Guide Specifications and Three-Party Agreement

sought to improve on existing DRB models. Distinguishing features

include DRB selection from a roster of experienced construction experts,

requiring disclosures by prospective DRB members prior to their selection,

and disqualification of any member after the DRB is formed only for