Dispute Resolution Methods ASCE争议解决方法中国.ppt

* * * * * * * * * * * * * Arbitration – Getting There Many times contract defined Always an option if all parties agree Variety of arbitration providers, including: American Arbitration Association JAMS: Judicial and Mediation Services Most localities have regional providers Private individuals Arbitrator Selection Big Benefit: You “choose” your Judge Must be confirmed independent and unrelated Look for folks who will understand your situation, but without bringing too much bias and pre-conceived resolutions Consider the expediency of a single arbitrator versus the combined wisdom of a three-party panel The Hearings NO Ex Parte communications Arbitrator sets schedule Proceedings are formalized through rules Evidence is presented through sworn testimony Arbitrator may question the witnesses and the attorneys Arbitrator sets, with party input, closing briefs, submission timelines, and form of decision The Decision The Final Decision is Final There are very few accepted ways to overturn a Decision: The Arbitrator failed to hear evidence The Arbitrator was on the take, misbehavior The Arbitrator exceeded the powers granted to the Arbitrator Other than winning an appeal using one or more of those conditions – you are stuck with the Decision. Arbitration Pluses Minuses Finality Letting a knowledgeable someone else decide Speed Cost Evidence Rules – Discovery, Depositions Hearing Flexibility – dates, format, location Confidential Proceedings Predictability Litigation May be a Federal or State Agency Board of Contract Appeals, for example In a courtroom, you get to choose Judge: “Bench Trial” Yesterday, the Judge sentenced a rapist to life, today, the Judge is hearing you argue about money and time Jury: Your “Peers” Check that jury pool – do any of them really understand the nuances of a construction project? Litigation Getting There Many times contract defined Any party can initiate: “I’m gonna sue you!” Adjudicator Selection The Judge is assigned You may be able