Second, we look at the entire life cycle of a project, not just
each element with a “new start” at each phase, as is traditionally
done. Thus, dispute systems design must take into account all
phases, with changing issues, players and challenges as the project
progresses from planning to permitting to design to construction
Third, conflict management and dispute resolution professionals
may want to consider whether the “life cycle” approach to infrastructure
projects can be applied to other long term, multi-phase endeavors.
This could include, for example, long term commercial developments;
research and development projects; and other long term supply chain
Since project success depends on relationships built on trust and
commitment, collaboration must be a key ingredient built into
the structure of project delivery, the contractual framework,
and the corresponding project management plan. Collaborative
methods of conflict management and resolution should be used
at all phases of the project life cycle, beginning with a consensus-building approach to deciding what, where and how the project is
going to funded and built; then shifting to the deal making needed
for complex project agreements and management structures; and
finally using dispute avoidance and resolution tools during the
multiple years the project is implemented.
American Institute of Architects, National and AIA California Council (2007).
Integrated Project Delivery: A Guide, Version 1.
Carr, Frank with the CPR Partnering Subcommittee of the CPR Construction
Advisory Committee (2010). Partnering – Aligning Interests, Collaboration, and
Achieving Common Goals. CPR Dispute Prevention Briefing: Construction.
Dettman, Kurt and Richard Bayer (2013). Alignment Partnering: A Bridge to
ADR Processes? American Society of Civil Engineers Journal of Legal Affairs &
Dispute Resolution in Engineering and Construction, Vol. 5., No. 2, May 2013.
Hafer, Randy and CPR Construction Advisory Committee (2010). “Dispute
Review Boards and Other Standing Neutrals – Achieving ‘Real Time’ Resolution
and Prevention of Disputes”, CPR Dispute Prevention Briefing: Construction.
The Dispute Resolution Board Foundation ( www.drb.org) is an excellent source
of neutrals, case studies and the procedures for this dispute resolution method.
See, for example, “The Role of the DRB in Dispute Prevention”, by Kurt
Dettman, DRBF Forum, February 2009.
Kane, Chris and Kurt L. Dettman (2013). “Collaborative Conflict Management
for Alternative Project Delivery”, American Bar Association, Dispute Resolution
Section Conference, April 4, 2013, Chicago, IL
Susskind, L. and Jeffrey Cruickshank (2006). Breaking Robert’s Rules. Oxford
About The Authors
Christopher Kane, P.E., J.D. Chris Kane is an
engineer, lawyer and mediator with more than 20 years
experience as a neutral, specializing in environmental and
construction disputes. He serves on AAA and CPR
Mediator Panels and is Vice President, Chief Counsel
(Alternative Delivery) at AECOM. www.ccrmediator.com
Kurt Dettman owns and manages Constructive Dispute
Resolutions, a consulting firm specializing in the use of
Alternative Dispute Resolution (ADR) in the construction
industry. Kurt is a facilitator, mediator, arbitrator and
dispute review board member. He provides advice in ADR
systems design and implementation for alternative project
delivery approaches, including design build, integrated
project delivery, and public private partnerships. He can
be reached at email@example.com.
What is different about our approach is that
we look for a common thread of collaborative
behaviors and goals and then design a system
that is continuous, but evolving, as each phase
unfolds with different sets of issues, players