Stephen M. Rymal, P.E., Esq.
MDCSystems®
Consulting Engineer

In the construction industry, there are several alternative dispute resolution (ADR) methodologies designed to provide a means to resolve disputes without resorting to formal litigation in court.  Some projects set up dispute resolution boards (DRBs) to address disputes in real time before the parties harden their positions and carve them into stone.  The advantage of DRBs is that they meet regularly with the parties to recognize and address disputes at their earliest stage when the inherent risks can be truly estimated, appreciated, and shared. 

Date: 1/12/2011 to 1/15/2011
Location: Walt Disney World Swan Hotel - Orlando, FL
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E. Mitchell Swann, P.E.
MDCSystems®
Consulting Engineer

A hot topic in the world of ADR (Alternative Dispute Resolution) is the extent to which ‘neutrals’ should be qualified and what type of qualifications they should have. Often, the first reaction is that the neutral should have legal training as their predominant skill and some experience with the subject matter of the case. As part of the program at the American Bar Association’s ADR Section Meeting in Los Angeles in April 2005, MDCSystems®, along with the other contributors to this article, discussed the use of technical experts as neutrals in ADR proceedings. Below is a summary of the key issues, ideas and opinions addressed and presented by the panel. The panelists come from varied backgrounds but all have participated in ADR proceedings in one form or another.