At the cutting edge: conflict avoidance and resolution in the US construction industry

Abstract

The American Arbitration Association (AAA) has undertaken a number of reforms to the dispute resolution process, engendered by the 'quiet revolution' of alternative dispute resolution (ADR) and its impact upon traditional arbitration mechanisms. This paper appraises the procedural changes which relate to the three distinct schemes: Fast Track Rules, Regular Track Rules, and Large Complex Case Rules; it also looks at parallel progress in mediation and partnering. The author concludes that the US construction industry has undergone, and continues to undergo, a transition from private adjudication, such as arbitration, through the 'settlement-oriented interventions' of ADR to more comprehensive approaches, as exemplified by partnering.