JAMS Global Construction Solutions, Fall 2021 – The Latest News in Construction

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by dj
Published: 05/10/2021 (2 months ago)

Designing a Better Process and Techniques Arbitrators Can Use to Help Parties Reach a Faster, More Cost-Effective Resolution –

The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they are looking for ways to ensure the process can still provide those advantages. Before joining JAMS, over the course of almost 25 years working in-house in large, publicly held companies, I was constantly asked two questions by clients: “Should we still arbitrate disputes?” and “Can’t you make it less expensive?” Clients are primarily concerned with time and cost.

The good news is that there are several levers arbitrators and counsel can employ to “value engineer” their construction arbitrations. First, sophisticated counsel can design a better, more efficient process at the front end of a project to suit complex construction cases. But what if the parties’ arbitration agreement contains just a generic or barebones dispute resolution clause? Arbitrators and counsel can still employ a number of techniques to minimize concerns about time and cost.