Originally from: AAA Handbook on Construction Arbitration and ADR - 2nd Edition

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I. Introduction

Two of the most important subjects for construction professionals are dispute prevention and resolution, the reason being that construction disputes tend to plague most projects. Construction stakeholders have vast sums at stake and they need to be able to see their projects completed without messy disputes that threaten to bankrupt them and bring the project to a halt.

Because disputes are so central to construction, the American Arbitration Association, whose National Construction Industry Arbitration Procedures are the industry standard, periodically holds roundtable discussions with representatives of the construction industry to hear their views on how ADR processes are working and issues of concern to the industry. 

This chapter culls some opinions and suggestions from a recent round-table discussion among construction lawyers and professionals from Pennsylvania. The topics were wide ranging; for example, they included design-build, the authority of arbitrators, early dispute resolution, drafting the ADR clause, disclosure in mediation, setting time limits on arbitration, and reasoned awards. The discussion was fruitful, leading to suggestions that could reduce the potential for disputes or increase the efficiency of disputes resolution. This summary of the round-table discussion is intendeded to circulate the ideas it generated and encourage creative thinking about what the construction industry wants from ADR and how to achieve it.