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

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

Accepted Paper Series