Dispute Avoidance Processes (DAPS) in Australia - Bringing the Future into the Present

Australian Construction Law Newsletter, Vol. 51, pp. 141, November/December 2011

Monash University Faculty of Law Legal Studies Research Paper No. 8

10 Pages Posted: 21 Aug 2012

See all articles by Paula Gerber

Paula Gerber

Monash University - Faculty of Law

Brennan Ong

Monash University - Faculty of Law

Date Written: 2011

Abstract

In this article, we undertake an analysis of the current use of DAPs in Australia, in order to reach an informed opinion about their likely future, focusing particularly on the DRB, which is the only DAP model that has so far seen any use on major Australian construction projects.

While there are some positive indications that Australia is on the cusp of joining the DAPs movement, we harbor some reservations about the extent to which Australia is ready to embrace the notion that prevention is better than cure when it comes to construction conflicts and disputes.

Keywords: dispute avoidance processes, disputes, construction, infrastructure projects, Australia

JEL Classification: K00, K10, K19, K20, K29, K30, K39, K40, K41, K49

Suggested Citation

Gerber, Paula and Ong, Brennan, Dispute Avoidance Processes (DAPS) in Australia - Bringing the Future into the Present (2011). Australian Construction Law Newsletter, Vol. 51, pp. 141, November/December 2011; Monash University Faculty of Law Legal Studies Research Paper No. 8. Available at SSRN: https://ssrn.com/abstract=2133108 or http://dx.doi.org/10.2139/ssrn.2133108

Paula Gerber (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Brennan Ong

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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