Getting the Benefit of Planned Early Dispute Resolution in Construction Projects

Abstract

This short article argues that although mediation usually is better for parties than a trial, when mediation occurs late in litigation, parties can suffer many of the same problems as in litigation. Mediation of individual disputes can resolve particular problems, but parties remain at risk of repeating the same problems in the future. Using a “planned early dispute resolution” (PEDR) system can help parties to efficiently and effectively deal with an ongoing series of problems. This article describes how companies can use PEDR to achieve parties’ goals by systematically preventing disputes from mushrooming out of control as well as efficiently managing disputes after they arise. It outlines steps in PEDR procedures, which can be used by virtually any organization and are not limited to construction matters.

Keywords: planned early negotiation, planned early dispute resolution, negotiation, mediation