Have you ever faced a problem or issue that, had someone rung the alarm bell early, a crisis could have been avoided? Perhaps the problem could have been resolved by discussing it the moment that it arose or when multiple options were still on the table. And better yet, having access to key players who can help separate fact from fiction. These scenarios reflect the benefits of Real-Time Dispute Resolution. This article examines two options using Real-Time Dispute Resolution to avoid litigation on construction projects: Dispute Review Boards and the use of mediation during the course of a project to resolve issues. Both tools allow the parties to stay focused on the project and avoid getting caught up in commercial issues.
Dispute Review Boards
Dispute Review Boards (DRB) were first used in the mid-1970s on a major tunneling project in Colorado. DRBs are widely credited with a 90 percent-plus success rate on hundreds of projects worth over $23 billion in contract value. The DRB is a creature of contract formation. The beauty of the DRB process is that it can be modified to meet the needs and the peculiarities of the project. The Dispute Resolution Board Foundation is the nonprofit organization that promotes the use of DRBs. Its website, www.drb.org, is a great starting point to gain information on the use of DRBs. The website offers model DRB language for contract dispute clauses, model agreements for the parties and DRB panel members, and manuals for the parties and DRB panel to utilize in implanting a DRB on a project.
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