Reference Center The American Arbitration Association has developed guides, Frequently Asked Questions (FAQ) documents, and reports to help enhance users' knowledge of alternative dispute resolution in general, and about its application in particular areas or industries.
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Construction
The AAA has worked closely with the construction industry to develop ways to help it manage conflict before, during, and after construction projects. AAA has developed procedures, supporting resources, and value-added services to assist construction industry professionals select appropriate dispute avoidance and resolution processes.
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This important guide offers suggestions for evaluating and selecting from a variety of procedural options to help parties in the construction industry design effective conflict-avoidance programs---from the planning to the implementation stages of construction projects. The guide also presents options for early dispute resolution, including job-site options, for when disputes do arise.

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This "white paper" examines seven of the primary "myths," or misperceptions, concerning alternative dispute resolution, underlining arbitration's time-tested, proven effectiveness and value for the construction industry.

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In this Dispute Resolution Journal article, the author, an adjunct professor, law firm partner and member of the ABA Construction Law Committee of the ABA Section of Litigation, shares his observations about the costs and resolution timeframes for two similar construction cases in which he was involved: one an arbitration case and the other litigation.

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This document serves as a helpful companion to the guide entitled A New Look at Dispute Review Boards (DRBs). It provides answers to common questions associated with Partnering, DRBs and On-Site Neutrals--all effective ways of managing disputes before they arise and/or on the job site.

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DRBs, usually a panel comprised of three neutral, technically qualified individuals, provide owners and contractors with recommendations on resolving disputes at the construction site in "real time." This document reviews the workings of DRBs and their benefits to the construction industry.

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This document is designed to assist those in the construction industry to implement operative non-binding partnering programs in order to enhance the cost-effectiveness of construction projects as well as to minimize the likelihood of disputes arising.

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Typically, parties' agreement to arbitrate is contained in a future-disputes clause in the contract governing their relationship; the clause may provide that any disagreements will be resolved under the AAA's Construction Industry Arbitration Rules and Mediation Procedures. This guide contains checklists of the important elements contract drafters should consider in developing dispute resolution clauses for construction contracts. The Guide also provides sample clauses to help address a variety of administrative and procedural matters.

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