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In Contract Law, the parties are free to include a forum selection clause appointing a special referee to resolve specialised but disputed factual issues between them. The so-called dispute boards, which are commonly used in resolving construction contract disputes, are considered a specialized form of expert determination. [5]
Contractual disputes and legal issues. Construction projects involve multiple parties. Unsurprisingly, disputes can arise from just about anything, including contract terms, payment issues, scope ...
While litigation is often used to resolve disputes, it is strictly speaking a form of conflict adjudication and not a form of conflict resolution per se. This is because litigation only determines the legal rights and obligations of parties involved in a dispute and does not necessarily solve the disagreement between the parties involved in the ...
Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings. Companies often require arbitration with their customers, but prefer the advantages of courts in disputes with competitors. [5] [failed verification] Prevalent advantages of arbitration over litigation involve:
Construction management (CM) ... Arbitration: Arbitration is the most costly and time-consuming way to resolve a dispute short of litigation. Each party is ...
Settling disputes in court added time, cost and energy to projects. Partnering was developed as a response to this problem. In 1987, the Construction Industry Institute (CII) at The University of Texas at Austin formed a task force to explore a process to address the issues that brought the people involved in construction projects to litigation ...
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Conciliation is a alternative dispute resolution process whereby the parties to a dispute rely on a neutral third-party known as the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both separately and together, does this by; lowering tensions, improving communication, interpreting issues, and ...