The global construction market is in crisis. Credit is tight or non-existent. Development deals are stalled or stopped. The money flow from lenders- to owners -to contractors is slower than normal. Based on past history, these conditions lead to more claims, more disputes, and more arbitration and litigation. So, what can be done to avoid or reduce the historical equation of “less money equals more disputes?”
The construction industry has long served as a “laboratory” and proving ground for innovative dispute resolution prevention and resolution. Some processes have worked better than others. There are the preventative processes such as “partnering”. There is “enlightened risk allocation” by balancing risk and reward, and there is mandatory negotiation between executives. If prevention does not work, there are the “dispute review boards” or standing neutrals who are “on call” to resolve disputes. Finally, there is always mediation, arbitration and litigation.