AAA Handbook on Construction Arbitration and ADR
Thomas E. Carbonneau and Philip J. McConnaughay, Editors
Price: $85.00 319 pages. 1 Hardcover Volume. Index. Published August 2007.
ISBN-13: 978-1-929446-44-5 / ISBN-10: 1-929446-44-6
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| AAA Handbook on Construction Arbitration and ADR $85.00 |
Chapter One: ADR in the Construction Industry
I. The Broadened Scope of ADR in Construction DisputesAlternative Dispute Resolution in the Construction Industry
By James P. Groton
II. Revised AIA-A Expands The Use Of ADR
Construction ADR At Its Best: The New AIA A-201 Document
By Howard G. Goldberg
III. Using Hybrid ADR Techniques in Construction Disputes
"Hybrid ADR" in the Construction Industry
By James H. Keil
IV. The Duty to Disclose
Neutral Corner—The Duty to Disclose
By Neil Carmichael
V. Postponement Requests
Neutral Corner—Dealing With Postponement Requests
By Neil Carmichael
VI. Using a Neutral Architect
Dispute Resolution Using a Neutral Architect
By Jack Kemp
Chapter Two: Managing Risk and Avoiding Disputes
I. Identify and Manage Project Risk to Contain ClaimsThe Key to Claims-Free Projects—Identifying and Managing Construction Project Risk
By Ava J. Abramowitz
II. Preventing Contract Disputes
Strategies to Prevent Construction Contract Disputes
By Luc Picard
III. Industry Guidelines for Avoiding and Resolving Construction Disputes
ASA/AGC/ASC Joint Guideline on the Avoidance and Resolution of Construction Disputes
ASA/AGC/ASC
IV. Tailoring Design-Build Agreements to Avoid and Resolve Conflicts
Avoiding Disputes in the Design-Build Environment
By Michael C. Loulakis
Negotiating Consequential Damages Waivers
By Charles M. Sink
Chapter Three: Dispute Resolution Boards
I. New AAA Protocol for Dispute Resolution BoardsA New Look at DRBs—AAA Offers New DRB Roster and Protocol
By Robert J.Smith & Robert A. Rubin
II. Using Dispute Resolution Boards For Real Time Solutions
Dispute Review Boards: Resolving Construction Disputes in Real Time
By Robert J. Smith
III. Experience with Advisory Dispute Review Boards
Expanding the DRB’s Role—The Boston Central Artery Tunnel Project’s Experience with Advisory Dispute Review Boards
By Brison S. Shipley
Chapter Four: Partnering
I. The Importance of Trust in the Partnering Process
I Don’t Trust You, But Why Don't You Trust Me?
Recognizing the Fragility of Trust and Its Importance in the Partnering Process
By Jeffrey S. Busch & Nicole Hantusch
Building Success for the 21st Century: A Guide to Partnering in the Construction Industry
Report of the Dispute Avoidance and Resolution Task Force of the American Arbitration Association
III. The Benefits of Partnering
The Benefits of Partnering
By James H. Keil
IV. Using Partnering to Manage Construction Disputes
Partnering and the Management of Construction Disputes
By Steve Pinnell
V. Effective Partnering
Practical Tips for Effective Partnering
By Bruce Johnsen
VI. How Partnering Creates Team Players
Team Players- Not“Partners”!—“Partnering” Does Not Create“Partners”
By Robert S. Peckar
VII. The Limitations of Partnering
The Truth About Partnering—Limitations And Solutions
By Allen L.Overcash
Chapter Five: Arbitration
I. Drafting Arbitration ClausesDangers in Drafting the Arbitration Clause
By Stanley P. Sklar
II. Effective Construction Arbitration Advocacy
Tips on Advocacy in Arbitration Before an Industry Arbitrator
By Jorge R.Cibran
III. Selecting an Arbitrator
Unilateral Selection of The Arbitrator
By Robert J. MacPherson & Sarah B. Biser
IV. Avoiding Litigation Over Arbitrability
Removing Roadblocks To Arbitration
By Paul M. Lurie
V. Guidelines to Writing Explanatory Awards
The ABCs of Writing a “Reasoned Award”
By James R.Holbrook
VI. Jurisdictional Labor Disputes and Subcontracting
Between the Devil and the Deep Blue Sea—Subcontracting and Jurisdictional Labor Disputes
By Gregory R. Begg
Chapter Six: Mediation
I. Successful MediationRecipefor Success in Construction Mediation
By John P. Madden
II. Tips for Better Mediation from the AAA
Mediator Wisdom From The Experts
By James Acret
III. Using Procedure for Effective Mediation
The Importance of Process Design to a Successful Mediation
By Paul M. Lurie
IV. Effective Advocacy in Mediation
Some Guidelines for Effective Advocacy in Mediation
By Howard D. Venzie, Jr.
V. Litigators and Mediation
Should Trial Counsel Represent the Client in Mediation?
By Robert Korn
VI. Experts and Mediation
The Expert’s Role in Construction Mediation
By Richard Lamb
VII. Closure Issues
Closure Issues in Construction Mediation
By Howard D.Venzie, Jr.
VIII. Mediators Not Giving Participants What They Want
Construction Attorneys’ Mediation Preferences Surveyed—Is There a Gap between Supply and Demand?
By Dean B. Thomson
IX. Mediator Confidentiality and Court Testimony
Danger Looms for Mediation—Mediators Likely To Testify Under Uma Draft
By Mark Appel
Chapter Seven: Large and Complex Case Management
I. Managing the Preliminary Hearing Under Rule L-4Management of the Preliminary Hearing Under Construction Rule L-4 for Large, Complex Cases
By Anthony E. Battelle
II. Large-Case Management Techniques for Arbitrators
Now is the Time to Control the Big Case
By Allen L. Overcash
III. Selecting a Mediator for a Complex Dispute
Choosing the Right Mediator for a Complex Construction Dispute
By Joseph C. Malpasuto
IV. Effective Mediation Techniques for Complex Cases
Effective Mediation Techniques In Complex Multiparty Synthetic Stucco Cases
By C. Allen Gibson, Jr.
Chapter Eight: International Construction Dispute Resolution
I. Strengths and Weaknesses of the U.S. and English SystemsComparing Dispute Review Boards and Adjudication
By James P. Groton, Robert A. Rubin & Bettina Quintas
II. Dispute Resolution Advisors in Hong Kong
The Dispute Resolution Adviser as an ADR Method in Hong Kong Construction Disputes
By John W.K. Luk & W.T. Wong
III. Construction Arbitration In The Netherlands
Arbitration In The Building Industry In The Netherlands
By Etienne van Bladel
Index
© 2008 Juris Publishing