PHILOSOPHY AND APPROACH

DISPUTE MANAGEMENT

Ms. Greenwald employs her experience in project management, litigation, discovery, and construction, actively working with the parties and their counsel to streamline and customize the dispute resolution process to achieve fair, cost-effective, and timely resolution of disputes.

 

FOUNDATIONS OF THE CDS APPROACH

  • ADR Management – Ms. Greenwald works with the parties to select the appropriate method of dispute resolution, to set appropriate timelines, and to control discovery and other costs. Whether under the auspices of the American Arbitration Association or other roster, or in private arbitration, mediation, or other ADR proceeding, Ms. Greenwald remains committed to working with the parties to develop a dispute resolution process that is fair, efficient and timely.
  • Client Control of Process – The parties involved in the dispute resolution process should have control over the selection of the dispute resolution process and the schedule. In mediation, the parties also retain control over the outcome.
  • Confidentiality – Protecting the confidentiality of the participants iss of the utmost importance.
  • Preventive action – Dispute Systems Design – The first step in reducing the impact of construction disputes is to assess the risks and to design a dispute resolution process that makes sense for a particular project. Ms. Greenwald provides consultation to parties in the development of dispute resolution systems that reflect the risks associated with particular types of contracts and with specific construction projects.



THE HIGH COSTS OF UNCONTROLLED DISPUTE RESOLUTION

It has been estimated that the transactional costs for resolving disputes on construction projects range from $4 billion to $12 billion each year in the United States.1 The indirect costs include the loss of quality in the project and poor working relationships among parties who might otherwise profit from continued long-term working relationships. During this recession, when margins may be cut because less work is available, the importance of efficiency in all aspects of the process gains even greater importance. The smooth and expeditious resolution of disputes is more important than ever.

 

1 National Research Council. Advancing the Competitiveness and Efficiency in the US Construction Industry. 2009. http://www.nap.edu/openbook.php?record_id=12717&page=15, (accessed December 16, 2011).



 



Contact Us

Learn about the new AAA Rules to Limit the Time and Cost of Construction Arbitration.

 

Working with its National Construction Dispute Resolution Committee (NCDRC), the AAA created new Supplementary Rules for Fixed Time and Cost Construction Arbitration that will allow parties to calculate the maximum time to complete the arbitration, the number of hearing days, and the arbitrator costs.  Learn more on the AAA website: http://go.adr.org/FixedTimeandCost



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© Nancy Greenwald 2011
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