Scribd
Upload
84 views17 pages

Prof. Khem Dallakoti

This document discusses alternative dispute resolution (ADR) in construction projects. It provides three main types of ADR: 1. Negotiation, which involves voluntary participation by the parties to resolve disputes without a third party. 2. Mediation, which uses a third party mediator to facilitate resolution but does not impose a resolution. Mediation has a high success rate and is quicker and cheaper than litigation. 3. Arbitration, where the parties agree to have a third party arbitrator impose a binding resolution on the dispute. Arbitration outcomes can be appealed through courts. ADR methods generally impose fewer costs than litigation and allow more confidentiality and control over the resolution process.

Uploaded by

Prakash Chandra Yadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
84 views17 pages

Prof. Khem Dallakoti

This document discusses alternative dispute resolution (ADR) in construction projects. It provides three main types of ADR: 1. Negotiation, which involves voluntary participation by the parties to resolve disputes without a third party. 2. Mediation, which uses a third party mediator to facilitate resolution but does not impose a resolution. Mediation has a high success rate and is quicker and cheaper than litigation. 3. Arbitration, where the parties agree to have a third party arbitrator impose a binding resolution on the dispute. Arbitration outcomes can be appealed through courts. ADR methods generally impose fewer costs than litigation and allow more confidentiality and control over the resolution process.

Uploaded by

Prakash Chandra Yadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 17

ADR

Prof. Khem Dallakoti


Legal and Engineering
Lawyer may understand the world of law but rarely the
engineering complications
Practical problem to persuade the judge should never
be under estimated
Expert opinion may vary – what counts is judge’s
impression or feeling from expert opinion – winning
the case might be a lottery
Conflict makes project difficult
Parties in Contract
Employer
invests money for return, cost effectiveness
Wants to build structure to meet the purpose
Wants the structure in time
Wants the quality anticipated
Contractor
Manages and works for profit
Team work
Client – consultant – Contactor
• Client should know the project and priorities
• Consultant shall be experienced/qualified and
professional
• Contractor shall be capable and equipped
ADR
Alternate Dispute Resolution
External dispute resolution ( Australia)
Tends to be an Appropriate dispute resolution-
Considers all the possible responsible options for
conflict resolution
ADR - Definition
Includes dispute resolution process and techniques
carried out outside of the government judicial process
a dispute resolution method that is not the courts.
Benefits of ADR
Imposes fewer cost than litigation
Preference for confidentiality
Greater control over the selection of the individuals
who will decide their dispute
Types of ADR
Negotiation
Mediation/Conciliation
Adjudication
Arbitration
Negotiation
Participation is voluntary
No third party who facilitates or imposes the resolution
Coaching both the parties behind the scene by a
common friend – ‘helping people help themselves’
Mediation
There is a third party called a mediator
Mediator facilitates the resolution process or sometime
suggest a resolution as ‘mediator’s proposal’
Mediator does not impose resolution to the parties
Mediation in UK synonymous to ADR
Mediation overview
Both side prepared to agree but no binding and both
select a person whom the both have confidence.
1st party – what the problems are – some points are
persuaded to rethink – be realistic about the problem
2nd party – discuss the problem – bring down their
claim to reality – mind the litigation cost etc.
Mediation - Benefits
Mediation = Reach Agreement
Reach a binding Agreement / Settlement
Let’s you get on with your life or your business
Prevents escalation of the dispute (into something worse
and probably more expensive!)
High success rate
Quick and cheap
Arbitration/Adjudication
Third party, adjudicator/arbitrator, who imposes a
resolution
Parties should earlierly agree that dispute is to be
resolved by adjudication/arbitration
Parties may appeal arbitration outcomes to courts

Other types of ADR
Case evaluation – a non binding process in which a
neutral case evaluator assesses respective positions on
how the dispute is likely to be decided by adjudicator.

Legal battle
‘

Thank you for your kind attention

You might also like