Stipanowich, T J (1997) At the cutting edge: Conflict avoidance and resolution in the US construction industry. Construction Management and Economics, 15(6), pp. 505-512. ISSN 01446193
Abstract
The American Arbitration Association (AAA) has undertaken a number of reforms to the dispute resolution process, engendered by the 'quiet revolution' of alternative dispute resolution (ADR) and its impact upon traditional arbitration mechanisms. This paper appraises the procedural changes which relate to the three distinct schemes: Fast Track Rules, Regular Track Rules, and Large Complex Case Rules; it also looks at parallel progress in mediation and partnering. The author concludes that the US construction industry has undergone, and continues to undergo, a transition from private adjudication, such as arbitration, through the 'settlement-oriented interventions' of ADR to more comprehensive approaches, as exemplified by partnering.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | AAA rules; arbitration; dispute resolution; partnering; USA construction industry |
| Index terms: | alternative dispute resolution, mediation, construction industry, resolution, arbitration, dispute, adjudication, partnering |
| Subjects: | dispute resolution, industry analysis, partnership management, conflict resolution, contract management |
| Topics: | Contract Administration, Legal Issues, Stakeholder Management, Research Practice |
| Descriptive scope: | 2 PT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here