ADR or alternative dispute resolution is the new thread in the post pandemic time


16th November 2021

ADR or alternative dispute resolution is the new thread in the post pandemic time

Governments across the world will be facing several cases of dispute resolution cases as they withdraw the relief measures from the early months of 2021 in the areas of financing, supply chains, workplace and compliance related issues on account of the global pandemic situation. The rise in disputes would be most obvious from areas related to consumer protection, employment and pensions, export restrictions, insolvency, IT, M&A, and state support. Online mediation, applications in terms of force majeure and analogue ideas in contracts, and forum formation under Covid 19 will be in vogue in the days to come.

  • Learn five pre-dispute dispute resolution methods including the use of escrow bid documents; the value of an authority delegation; implementation of a dispute resolution ladder; the use of a geotechnical design summary report; and how project partnering can reduce claims.

  • Explore dispute resolution methods during the initial claims and dispute phase including an Initial Decision Maker; a Standing Neutral; the value of early neutral evaluation; the use of owner review boards; the value of a Dispute Resolution Board; and the potential use of adjudication.

  • Explore traditional mediation as an ADR method as well as a number of variations of mediation – Arb/Med, Med then Arb, etc.

  • Understand some ADR techniques that are available even during litigation including voluntary settlement conferences; special masters; court appointed experts; judges pro tem; and trial by reference.