Global Engineering & Construction Dispute Resolution Services
Construction Arbitration, Mediation, and ADR Services
The JAMS Global Engineering and Construction Group (“GEC”) provides professional mediation, arbitration, appellate arbitration, project neutral, and other alternative dispute resolution (ADR) services to the U. S. and global construction industry to resolve disputes in a timely and cost-effective manner. This group can also resolve even the most complex matters efficiently utilizing early intervention methods, ranging from structured negotiations, project neutrals, initial decision-making, and mediation, to adjudication, dispute review boards, and mini-trials.
Sample Clauses for Arbitration Agreements and Contracts
By naming JAMS in your contract documents as your project’s dispute resolver you have access to the most knowledgeable and efficient neutrals in the industry and can better control your clients overall risk and costs. JAMS offers a wide range of dispute resolution clauses to meet your needs.
Global Engineering & Construction Mediators and Arbitrators
Skilled Construction Mediators
Although there are various reasons why mediations succeed or fail, perhaps the most important ingredient for success is selection of an outstanding mediator. Achieving settlement of complex construction disputes through mediation requires a mediator with knowledge, skill, and experience in the mediation process, as well as in the construction industry. Such proficiency and experience allows the mediator, in confidential discussions with individual parties, to develop bases for settlement by assisting the parties’ as requested in their respective evaluations of critical factual and legal issues, and not just serving as a practitioner of mere “shuttle diplomacy”. JAMS GEC neutrals are such mediators.
Appellate Construction Arbitrators
Because the process for judicial confirmation of an arbitration award can be challenging, and because JAMS GEC neutrals are highly regarded by the construction industry for their knowledge in the field of construction and infrastructure law, members often are requested by parties to review arbitration awards de novo based on the hearing record. Under JAMS Optional Arbitration Appeal Procedures, the appointed panel exercises the same scope of review as an appellate court in the same jurisdiction.
Project Neutrals
The Project Neutral has one client – the project. Before construction begins, owners, contractors, and architects frequently name a Project Neutral in their contracts. As a trained ADR professional, the Project Neutral becomes part of the project team and follows the design and building process from concept to completion.
The Project Neutral offers the benefits of advice on ADR methods most suitable for early resolution of particular disputes, early neutral intervention to resolve brewing controversies by prompt dispute evaluation, and mediation in an informal, cost-effective manner during the overall design and construction process. The Project Neutral accepts the team's trust and can meet with members privately to discuss concerns about keeping the project on time and within budget. The Project Neutral is available on an as-needed basis, not only to mediate disputes as they arise, but also to avoid future litigation by identifying and addressing potential problems before they grow into claims.
JAMS GEC neutrals understand the complexity of project financing and the demands of multinational mega-projects with numerous participants. After working for many years with owners, contractors, subcontractors, and design professionals, we can appreciate each of the parties' needs and positions.
Dispute Review Boards
Dispute Review Boards ("DRB") are routinely established at the beginning of many large projects to render non-binding decisions on disputes as they arise during construction of the project.
JAMS GEC neutrals serving as DRB members can promptly resolve these claims and disputes. With broad engineering, construction, and legal backgrounds, and commitment to ADR work, JAMS GEC neutrals are uniquely qualified to serve on a dispute review board over the lifetime of a project.
Interim Adjudication
Adjudication is an ADR process that resolves claims and disputes during the course of construction by issuance of interim decisions binding only until completion of the project and appealable thereafter. All too often projects get bogged down over payment issues that push construction into a downward spiral. Adjudication keeps the project moving by the early interim resolution of problems - usually within a 30 day period - so that owners and lenders won’t have reason to stop the flow of money. JAMS GEC neutrals serve as adjudicators during the project and others as appellate arbitrators after completion.
Surety Bond Adjudication
JAMS Surety Bond Expedited Dispute Resolution recognizes the unique nature of surety disputes and the necessity of resolving them quickly. The JAMS Dispute Resolution Rules for Surety Bond Disputes provide for adjudicator appointment within three days of filing of a demand. Adjudicators drawn from the JAMS GEC Panel issue a binding decision within 30 days of the adjudication commencement date.
Initial Decision Makers
Under the contract documents of the American Institute of Architects, parties have the option of appointing, in place of the architect, a neutral to be the initial decision maker on claims and disputes between the owner and contractor. Because architects are not trained to decide legal questions such as “breach,” “material breach,” and “just cause” to terminate for default, experienced JAMS GEC neutrals are better equipped to make those initial decisions filled with legal portent. Unless the contract provides otherwise, the initial decision normally can be submitted to mediation and then either to arbitration or litigation for binding resolution.
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