Part III Subject-Matter Mediation of Commercial and Investment Disputes, 15 Mediation and Other ADR in International Construction Disputes
Alberto Fortún, Alfonso Iglesia
Edited By: Catharine Titi, Katia Fach Gómez
The use of alternative dispute resolution (ADR) is not going to prevent all disputes between owners and designers, contractors, subcontractors, and suppliers. However, the parties that are capable of evaluating the dispute timely and choose a suitable ADR mechanism such as mediation, expert determination or dispute boards will obtain tangible benefits. They will save costs, reduce the number of disputes, and prevent critical situations in which the accumulation of unresolved claims would otherwise jeopardize the financial viability of the entire project. This chapter deals with some of the key features of those ADR mechanisms, advises on different standard clauses and provides the reader with references, links and footnotes to the materials that any engineer or lawyer would like to have handy.