Dispute Prevention
JGroton (The text of the Decree of the Manchu Emperor Kangxi, which could be characterized as “The Case for ADR in China 300 Years Ago,” or “Plus Ca Change, Plus Le Meme Chose”). There was a complaint during the reign of the Emperor Kangxi, one of the greatest Manchu Emperors, about the corruption and tyranny of … Read more
Agreed-upon processes and rules are important in regulating human behavior. In the absence of a “process,” when an unexpected event occurs among members of a group or enterprise, chaos wjll often ensue. However, if there is an agreed-upon process for dealing with unexpected events, members of the group almost invariably follow the agreed-upon process and … Read more
Pre-dispute and pre-escalation processes can be grouped under the following two broad categories: Prevention and cooperation techniques that help to avoid problems and disputes. Dispute de-escalation, control, and “real time” resolution techniques to prevent disputes. Descriptions of Individual Processes: 1. Prevention and cooperation techniques that help to avoid problems and disputes: Realistic Allocation of Risks Realistic allocation … Read more
The International Institute for Conflict Prevention and Resolution (CPR) has been a pioneer in exploring the field of preventing disputes. Among the many prevention works produced by CPR scholars have been the following: Preventing and Resolving Construction Disputes, 1991 Thinking Ahead: Moving From Reactive Dispute Resolution to Proactive Dispute Anticipation and Prevention: A New CPR … Read more
Dispute prevention, control and resolution can take many different forms. Because of the innate flexibility, adaptability and versatility of the ADR concept, a wide variety of processes have been developed, and new processes are continually being invented, so that they can meet the needs of parties or a particular dispute. To paraphrase the famous words … Read more
In a playful tongue-in-cheek address in Biblical language to the American Bar Association’s Forum on the Construction Industry in 1994, Professor Thomas Stipanowich, a prominent construction industry and dispute resolution scholar, undertook to describe how the field of construction law had developed and evolved from adversarial contests to dispute during the past generation, with humorous … Read more