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Utilization of Alternate Dispute Resolution Mechanism(ADRM) for Effective Functioning of Construction Project

Author(s):

Patel Milankumar Govindbhai , SITARAMBHAI NARANJI PATEL INSTITUTE OF TECHNOLOGY & RESEARCH CENTRE, UMRAKH; Rushabh A. Shah, SITARAMBHAI NARANJI PATEL INSTITUTE OF TECHNOLOGY & RESEARCH CENTRE, UMRAKH

Keywords:

Alternative Dispute Resolution Methods, Construction Dispute, Negotiation, Mediation

Abstract

Dispute is one of the major factor which obstruct the successful completion of the construction projects. The construction industry undergoes from frequent disputes between all parties of construction contracts. Alternative dispute resolution is a process that can be used by parties to settle disputes for arriving at a claim by the legal court procedure. Alternative Dispute Resolution(ADR) relate to dispute resolution procedures that act as alternatives to litigation and are generally conducted with the help of a neutral third party. Negotiation, Mediation, Arbitration, Lok Adalat, Mini Trial, Conciliation, Expert Review and Dispute Review Board are various examples of Alternative dispute resolution methods. The research will be done using questionnaire survey with Contractors, Site Engineers, Consultants, Developers, Owners, Arbitrators and Lawyer with the objective of identifying factors affecting the selection of ADR method. At the end of the study as per the RII (Relative Important Index) and Mean Score techniques, the factors of the ADR selection method were analyzed and ranked accordingly and mean score for various ADR method were obtained. Where it has been found that the following factors are most common: Confidentiality, Overall Duration, Relative Cost, Flexibility in Issue, strategy and Agreement, Preservation of Relationships, Degree of Control by Parties, Degree of Control by neutral. The final selection model consists of a set of selection criteria, a set of mean scores and dispute resolution strategies. Mean score obtained for ADR methods according to factors.

Other Details

Paper ID: IJSRDV5I21500
Published in: Volume : 5, Issue : 2
Publication Date: 01/05/2017
Page(s): 1492-1496

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