Getting the Benefit of Planned Early Dispute Resolution in Construction Projects

34 Construction Law Letter 1 (Jan. / Feb. 2018); ISBN: 0-433-40930-4

University of Missouri School of Law Legal Studies Research Paper No. 2018-03

5 Pages Posted: 5 Jan 2018

See all articles by John Lande

John Lande

University of Missouri School of Law

Date Written: January 5, 2018

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

Suggested Citation

Lande, John, Getting the Benefit of Planned Early Dispute Resolution in Construction Projects (January 5, 2018). 34 Construction Law Letter 1 (Jan. / Feb. 2018); ISBN: 0-433-40930-4; University of Missouri School of Law Legal Studies Research Paper No. 2018-03. Available at SSRN: https://ssrn.com/abstract=3097123

John Lande (Contact Author)

University of Missouri School of Law ( email )

Hulston Hall
Columbia, MO 65211
United States

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