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Item Information   Holdings       More by this author     Bartol, Christine M.     Subjects     Actions and defenses     Dispute resolution (Law)     MSEM Thesis.     Browse Catalog     by author:      Bartol, Christine M.       by title:      Litigation vs. alter...         MARC Display

Litigation vs. alternative dispute resolution : a construction industry comparison / by Christine M. Bartol. by Bartol, Christine M. Subjects Actions and defenses   Dispute resolution (Law)   MSEM Thesis. Description:  74 leaves : ill. ; 29 cm. Contents:  Procedure -- Advantages/disadvantages -- Future trends -- Conclusion -- Further research opportunities -- Appendix A) Lawyer survey. Currently, the majority of all disputes are handled by litigation i.e. the court system. Participants in this process are discouraged by the expense, long time frame, and adversarial nature of this dispute resolution system. In addition, disputes that involve technical issues are evaluated and resolved by parties that often have little understanding of the intricacies of a technical process. People in the construction industry are generally “hands on” types of individuals, whose major goal is to complete the current project, and get on with the next one. For them, resolving a dispute quickly, inexpensively, and with the aid of other participants that are already knowledgeable about their industry, is a way to minimize the overhead expenses associated with projects. Alternative Dispute Resolution (ADR) is a system of providing dispute resolution by a technically knowledgeable, neutral party, in a loosely structured administrative framework. Litigation has its advantage in that it is a recognized, strictly controlled procedure, in which applicable laws and precedents can be used to resolve a dispute. Its disadvantage is that the time period from initiating action to resolving the dispute averages three to five years. Consequently, significant expenses, emotional drain, and lost opportunities are experienced by the participants. The advantage of ADR is that its informal structure allows for more latitude in the presentation of information and facts to participants that are familiar with the technicalities of the dispute situation. In addition, the lack of administrative and procedural boundaries allows for the dispute to be resolved in an average of six months, and at costs appropriate for the amount of the claim or counterclaim. The comparison of the applicability of litigation vs. ADR rests on the nature of the dispute; situations that are mainly characterized by legalistic boundaries are best handled by the court system, and situations that involve technical issues are best resolved using ADR. Since the majority of construction disputes involve the interpretation of written and (mostly) oral communication about highly interfaced technical components, dispute resolution using ADR should be the choice of most participants in a construction dispute situation. The information presented in this paper will compare the procedure for litigating a dispute vs. using ADR for resolving a dispute. In addition, the advantages and disadvantages of each method of dispute resolution will be analyzed. The conclusion, formed by input from numerous written sources, and interviews with dispute resolution participants, is that the advantages of ADR far outweigh any disadvantages, whereas the advantages of the court system are minimized by its adversarial nature, long time frame, and high overall costs.   Copy/Holding information Location Collection Call No. Status   Walter Schroeder Library Master's Theses AC805 .B378 1991 Available Add Copy to MyList Format: HTMLPlain textDelimited Subject:   Email to:

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