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Non-Binding Arbitration When a DRB is not in place or desired, non-binding arbitration provides another way to settle disputes. Unlike a DRB, non-binding arbitration is not limited to disputes between the owner and prime contractor. Also, the arbitrator does not have to keep current with the project to be of value. The arbitrator is brought in as needed to help settle one or more disputes. The parties jointly select a neutral person having knowledge in the subject matter of the dispute. The parties may elect to have the arbitrator conduct a hearing of evidence or issue a decision based on documents alone. The arbitrator considers the parties’ arguments, facts, contract provisions, and construction law principles in making a decision as to how the dispute should be resolved. Non-binding arbitration helps the parties assess the strengths of their respective positions and learn what a neutral, experienced person believes is a fair resolution. The parties may accept the arbitrator’s decision, negotiate a different solution, or submit their dispute to a form of adjudication allowed by their contract. The arbitrator’s decision is admissible as evidence in adjudication.
Select JLMcDonald to arbitrate your construction disputes. |
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© 2007 JLMcDonald Conflict Resolution Services. All rights reserved. |
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Conflict Resolution Services |
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JLMcDonald |
