Construction Dispute Resolution

 ARBITRATION:  A method of dispute resolution involving one or more neutral third parties who conduct an arbitration hearing, according to specified rules and procedures, to determine who is right and who is wrong on selected issues and whose decision in either binding or non-binding.  Binding arbitration is a method of dispute resolution where an arbitrator or panel of arbitrators conducts a hearing for the purpose of deciding which party or parties are to receive an award that is binding on all of the parties.   Non-binding arbitration is a method of dispute resolution where an arbitrator or panel of arbitrators conducts a hearing for the purpose of deciding which party or parties are to receive an award that is non-binding on all of the parties.

MEDIATION:  A method of dispute resolution where a neutral person facilitates discussions between the parties in an attempt to get the parties to reach an agreement that is mutually agreeable to the parties. Binding mediation is a method of dispute resolution where a neutral person facilitates discussions between the parties in an attempt to get the parties to reach an agreement that is mutually agreeable to the parties and after the mediation has reached settlement on as many items that is possible through the mediation process, any unresolved items are then left to the mediator to render a decision that will settle those unresolved items.  In binding mediation, the decision of the mediator is binding upon the parties and is added to the final Settlement Agreement  that is executed and signed by all of the parties to the mediation.

MED-ARB:  A method of dispute resolution that is a combination of mediation and binding arbitration.  The process begins with mediation and any unresolved items that remain at the end of the mediation, according to the pre-negotiated med-arb agreement, are then put into the hands of the same mediator to act as an arbitrator or the unresolved items are put into the hands of a new arbitrator who will conduct an arbitration and render a final binding decision and award on those remaining unresolved items.

ADMINISTRATION:  Administration services are provided by Construction Dispute Resolution Services, LLC (CDRS).  Forms to initiate Conflict Resolution Mediation or Arbitration are available at:

http://constructiondisputes-cdrs.com/Arbitration%20Forms%20&%20Documents.htm.