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Dispute System Design

Author: Lisa Blomgren Amsler

Publisher: Stanford University Press

Published: 2020-06-02

Total Pages: 406

ISBN-13: 1503611361

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

Resolution of Disputes to Avoid Construction Claims

Author: Barry B. Bramble

Publisher: Transportation Research Board

Published: 1995

Total Pages: 52

ISBN-13: 9780309058582

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This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.

Reducing Construction Costs

Author: National Research Council

Publisher: National Academies Press

Published: 2007-10-09

Total Pages: 68

ISBN-13: 030917998X

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The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.

Best Practices for Resolving Government Contract Disputes

Author:

Publisher:

Published: 2008

Total Pages: 580

ISBN-13: 9780314202888

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Best Practices for Resolving Government Contract Disputes is an authoritative, insiders perspective on best practices for representing and advising clients during government contract disputes. Featuring partners from law firms across the nation, these experts guide the reader through the common elements of a contract dispute and the skills required of an attorney to resolve the dispute successfully. These top lawyers reveal their advice on interviewing the client, conducting research, navigating the due diligence process, and ascertaining the clients objectives and goals. From ensuring that the contract is well-written to communicating with the contracting officer, these authors offer advice on how to avoid a dispute when first structuring the contract. Additionally, these leaders discuss how to overcome obstacles while remaining aware of outside factors that may impact the timeline and outcome of the dispute. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving area of law.

DISPUTE PREVENTION AND SETTLEMENT THROUGH EXPERT DETERMINATION AND DISPUTE BOARDS

Author: Filip De Ly

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 297

ISBN-13: 9041194266

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Dispute avoidance isnotgenerally on the mind ofbusinessesand their in-house legal counseluntila disputehits. Thisbookdeals with theprevention ofdisputes and their settlement through two specific methods: Dispute Boards and Expert Determination. These two methodsareoften used by the international business community to reduce the riskof being involved in long and complex factual disputes. Thirteen international experts share theirknowledge and their experience on theimpactof applicable law, contract law issues, proceduralissuesand the relationship between Expert Determination or Dispute Boards on the one hand and litigation and arbitration on the other. Specific topics dealt within thebook include the challenges of Expert Determination in M&A transactions, Expert Determination by Accounting firms including real-life examplesas wellas the 2015ICC DisputeBoard Rules, the settlement ofdisputes including under the FIDIC formsof contract and recent case law on DisputeBoards.

Preventing and Solving Construction Contract Disputes

Author: H. Murray Hohns

Publisher: Van Nostrand Reinhold Company

Published: 1979

Total Pages: 408

ISBN-13:

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Dispute System Design

Author: Lisa Blomgren Amsler

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9780804771764

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What is dispute system design? -- Analytic framework for dispute system design -- System building blocks : processes for preventing, managing, and resolving conflict -- System design practice -- Accountability : evaluating dispute system design -- Ethics in system design -- Court programs -- Claims facilities -- Communities and justice -- Labor relations : the birthplace of dispute system design -- Managing conflict in employment -- Arbitration in commercial and employment designs -- Commercial disputes -- Consumer disputes -- Transitional justice -- International dispute resolution -- Collaborative governance and dispute system design -- Designing dispute systems for the environment.

Construction Claims

Author: Robert A. Rubin

Publisher: John Wiley & Sons

Published: 1999-07-26

Total Pages: 424

ISBN-13: 9780471348634

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Praise for the Second Edition . . . "A basic, how-to guide . . . for all those involved in the construction industry."--The Construction Lawyer "This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract . . . highly recommended."--David S. Thaler, The Daily Record "Particularly useful to the construction contractor [and] also instructive to owners and design professionals."--Journal of Performance of Constructed Facilities "Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner."--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construction; dispute review boards and their proper use; partnering to avoid disputes; and federal and relevant state environmental regulations. Written by a prestigious and experienced author team, it uses an accessible, step-by-step approach that follows the contracting process from start to finish, with detailed coverage of provisions of the law, "red flag" contract clauses, and documentation issues and procedures. It also addresses the key aspects of prosecuting and defending claims, from claims presentation to formal dispute resolution. Complete with dozens of new forms and checklists, plus case histories, mini-cases, and more, this edition is an essential resource for anyone involved in construction and the law.

Conflict in Construction

Author: Jeffery Whitfield

Publisher: John Wiley & Sons

Published: 2012-07-12

Total Pages: 185

ISBN-13: 1118298691

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Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.

How to Prevent Conflict Among Family Members in a Family-held Business

Author: Caroline Mutuku

Publisher: GRIN Verlag

Published: 2018-06-22

Total Pages: 10

ISBN-13: 3668733457

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Seminar paper from the year 2018 in the subject Business economics - Business Management, Corporate Governance, grade: 1, , language: English, abstract: Management of family held business presents enormous challenges, owing to the presence of conflicts among family members. This hinders progress of the business and cause family tension, which may lead to adverse consequences. In most cases, disputes over family businesses are addressed through litigation. However, courts do not provide opportunities for healing and reconciliation. If that is the case, then the principal question we should ask is ‘how can we prevent conflict among family members in a family held business using management approaches?’ To discuss these issues, two cases will be presented in which the impact of disputes among family members will be substantiated as reported by Ray Folberg. These cases are the case of real estate in the Silicon Valley and the case of seaside villa in southern California.