An analysis of dispute review boards and settlement mediation as used in the Australian construction industry

Duffy, Stephanie & Duffy, James (2014) An analysis of dispute review boards and settlement mediation as used in the Australian construction industry. Building and Construction Law Journal, 30(3), pp. 165-174.

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Abstract

If there is a silver lining to the adversarial, dispute-prone nature of the building and construction industry, it can be found in the concomitant rise of innovative dispute resolution mechanisms. Time, cost and relationship concerns have meant that the formal adversarial system holds little appeal for disputing parties. As these alternative forms of dispute avoidance/resolution have matured in Australia over the last 20 years, attention has turned to the key characteristics of each process and their suitability to the building and construction industry. This article considers the role of dispute review boards (DRBs) and mediation as two alternative methods for avoiding/resolving disputes in the construction industry. Criteria are established for evaluating the efficacy of these procedures and their sensitivity to the needs of construction industry disputants. The ultimate conclusion reached is that DRBs represent a powerful, yet underutilised dispute resolution tool in Australia, and possess many industry-specific advantages that more traditional forms of alternative dispute resolution (particularly mediation) do not provide.

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ID Code: 72654
Item Type: Journal Article
Refereed: Yes
Keywords: Building and construction, Alternative dispute resolution, Mediation, Dispute Review Boards, Construction
ISSN: 0815-6050
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 Thomas Reuters (Professional) Australia Limited
Deposited On: 09 Jun 2014 23:23
Last Modified: 11 Jun 2014 15:23

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