Abstract

http://ssrn.com/abstract=2060438
 


 



Beyond Arbitration: Innovation and Evolution in the United States Construction Industry


Thomas Stipanowich


Pepperdine University School of Law

1996

Wake Forest Law Review, Vol. 31, No. 1, 1996

Abstract:     
Disagreement among contracting parties has a rich tradition in the construction industry, which has been at the forefront of creating and experimenting with alternatives to litigation. In this article, Professor Stipanowich examines traditional alternatives to litigation utilized by the construction industry, including summary adjudication by design professionals, arbitration, mediation, minitrial, dispute review boards, early neutral evaluation, and partnering. After analyzing the results from the 1991 ABA-sponsored survey on dispute resolution in the construction industry, the author presents data from the 1994 Multidisciplinary Study on Dispute Avoidance and Resolution in the Construction Industry, a landmark study of which the author was an integral part. Based on the findings of the two studies, as well as the history of dispute resolution mechanisms in the construction industry, Professor Stipanowich concludes that the construction industry will likely continue to serve as the creative catalyst for alternative dispute resolution mechanisms.

Number of Pages in PDF File: 118

Keywords: construction industry, contract, litigation, dispute resolution mechanisms, summary adjudication, arbitration, mediation, minitrial, dispute review boards, early neutral evaluation, partnering

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Date posted: May 15, 2012  

Suggested Citation

Stipanowich, Thomas, Beyond Arbitration: Innovation and Evolution in the United States Construction Industry (1996). Wake Forest Law Review, Vol. 31, No. 1, 1996. Available at SSRN: http://ssrn.com/abstract=2060438

Contact Information

Thomas Stipanowich (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-506-4655 (Phone)
310-506-4437 (Fax)
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