Dispute Resolution Techniques & Processes

Question 1

What is mediation?

Answer 1

• A voluntary, confidential process where a neutral mediator helps parties reach a mutually agreeable settlement.

Question 2

What is conciliation?

Answer 2

• Similar to mediation, but the conciliator may propose solutions or provide expert guidance.

Question 3

What is adjudication?

Answer 3

• A fast, interim, statutory dispute resolution process (under the HGCRA) resulting in a temporarily binding decision.

Question 3

What are Dispute Resolution Boards (DRBs)?

Answer 3

• Independent panels appointed at project outset to help resolve issues as they arise and provide recommendations.

Question 4

How does arbitration differ from adjudication?

Answer 4

• Arbitration is a formal, private process where the arbitrator’s decision is final and legally binding.

Question 5

What is Independent Expert Determination?

Answer 5

• A contractual process where a technical expert provides a binding decision on a specific issue (e.g., valuation).

Question 6

What is the purpose of dispute escalation mechanisms in contracts?

Answer 6

• To provide structured steps to resolve disagreements before formal processes are used.