Alignment Partnering: A Bridge to ADR Processes?

Abstract

Partnering is a well-established concept in the construction industry that addresses an old problem: How can a construction project get the collaborative participation of all project stakeholders and keep that collaboration going throughout the life cycle of the project? Alternative dispute resolution (ADR) tools such as mediation, dispute review boards, and arbitration (ADR processes) are other established concepts that address another old problem: When disputes arise on a construction project, how can the parties implement an effective, efficient process to resolve the issue in a timely manner at the project level? Neither approach alone responds to all the conflicts, disputes, and claims that develop on construction projects. For instance, partnering can foster negotiation and agreement among the parties on real-time issue resolution, but ADR Processes may be needed to provide authoritative mechanisms for third-party intervention if the parties have not been able to resolve disputes. The authors advocate that construction projects should design a proactive system that employs a coordinated continuum of processes ranging from collaborative partnering to more prescriptive ADR processes. These processes should not be used in isolation, but instead be part of a more complete project dispute risk management plan for dispute avoidance and resolution.