Thinking Outside the Box on 
            Thinking Outside the Box on 
                     Construction ADR
                     Construction ADR
      Are we spending too much time on 
        Are we spending too much time on 
        resolution vs. prevention? 
        resolution vs. prevention? 
      Are we using “boiler plate” approaches vs. 
        Are we using “boiler plate” approaches vs. 
        “Fitting the Form to the Fuss” ?
        “Fitting the Form to the Fuss” ?
      Are we treating the symptoms, but not the 
        Are we treating the symptoms, but not the 
        disease?
        disease?
                                                                    2
                                                                    2
                Construction Projects: 
                 Construction Projects: 
                  A Crucible of Conflict
                  A Crucible of Conflict
      Conflict management “root cause 
       Conflict management “root cause 
       analysis” 
       analysis” 
      Typical Sources of Conflict:
       Typical Sources of Conflict:
        •Delivery Methods
          Delivery Methods
        •Allocation of Risk 
          Allocation of Risk 
        •“Silos” Management Structures
          “Silos” Management Structures
        •Inherently Risky Projects
          Inherently Risky Projects
        •Risk Shedding
          Risk Shedding
                                                                    3
                                                                    3
                 Low Cost Resolution                     High Cost Resolution
         Unassisted Negotiations
            Structured Negotiations
                  Partnering
        l            Facilitation
        o               Conciliation
        r
        t                   Early Neutral Evaluation
        n
        o
        C                       Joint Experts
         
        e
        r                           Expert Determination
        o
        M                                 Dispute Review Board
         
         
         
         
                                               Mediation
                                                   Mini-Trial
        l
        o                                               Arbitration
        r
        t
        n                                                   Litigation
        o
        C
         
        s                                                        Court Special Master
        s
        e
        L                                                              Court  Settlement Conference
         
                                                                              Bench Trial
                                                                                   Jury Trial
                       ADR Continuum
                                                                    5
                                                                    5
     Traditional Partnering vs. Alignment 
     Traditional Partnering vs. Alignment 
                           Partnering 
                           Partnering 
      Traditional Partnering:
        Traditional Partnering:
        •Behavior focused (“can’t we just be 
           Behavior focused (“can’t we just be 
          friends?”)
           friends?”)
        •Often one-time (“ok, we’re done, let’s get 
           Often one-time (“ok, we’re done, let’s get 
          back to real work”) 
           back to real work”) 
        •Candle lighting ceremony vs. true changes 
           Candle lighting ceremony vs. true changes 
          in thinking and approach
           in thinking and approach
                                                                    6
                                                                    6