Alternate dispute resolution, ADR, refers to resolving disputes in ways other than going to court.<\/p>\n
The role of professional engineers in ADR is to provide technical data, conclusions and opinions as to the cause of engineering failures, industrial, traffic and aviation accidents, and slips, trips and falls.\u00a0 This type of information contributes to intelligent decisions as a basis for the resolution of disputes with technical issues.<\/p>\n
This blog, one of a series, lists the tasks – itemized below,\u00a0of a professional engineer’s role in ADR<\/p>\n
In some areas, over 90% of lawsuits involving the built environment settle before going to trial, and this is often facilitated with\u00a0evidence from forensic engineering investigations.<\/p>\n
ADR can be carried out at any stage in civil litigation \u2013 even before an action is filed.\u00a0 Once an action is commenced, ADR can still occur at any point but is mainly used after document production and discoveries have taken place.\u00a0 At that point, each\u00a0party is more fully aware of the other side\u2019s case.\u00a0 Each party has more information to assess the merits of the case, the strengths and weaknesses for both parties, and the likely outcome if proceeding through to trial. As such, ADR becomes relevant as the parties know better where each side stands.<\/p>\n
There are three commonly used methods of ADR.\u00a0 Other forms of alternate dispute resolution are used but the following are particularly relevant to civil litigation.<\/p>\n
All forms of ADR rely on a presentation of facts, and resolution based in part on a consideration of the facts.<\/p>\n
A professional\u00a0engineer’s services are generally the same regardless of the ADR method selected by the client.<\/p>\n
Negotiation<\/strong><\/p>\n In negotiation, participation is voluntary and there is usually no third party who facilitates the process or suggests a solution.<\/p>\n If an individual or a firm has a disagreement with another they may get together to discuss the problem and reach a mutual agreement.\u00a0 This way the parties can work out a solution that best meets the needs and interests of all parties.<\/p>\n In some cases individual parties may also prefer to hire a lawyer or a counselor who has the expertise to help a firm to negotiate or who can negotiate on behalf of the firm.<\/p>\n Mediation<\/strong><\/p>\n In mediation, there is a trained, neutral third party, a mediator, who facilitates the resolution process (and may even suggest a solution) but does not impose a solution on the parties, unlike judges.\u00a0 Mediation often leads to resolutions that are tailored to the needs of all parties.\u00a0 The process is informal and completely confidential.\u00a0 As a result parties may speak more openly than in court.<\/p>\n Arbitration<\/strong><\/p>\n In arbitration, participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution.\u00a0 At an arbitration hearing, a party to a dispute may have a representative speak on their behalf.<\/p>\n Arbitration may occur when parties have a dispute that they cannot resolve themselves and agree to refer the matter to arbitrators.\u00a0 Arbitration can also occur because parties to contracts agree that any future dispute concerning an agreement will be resolved by arbitration.<\/p>\n Arbitrators are often people who are experts in a specific area of the law or a particular industry, for example, engineering.<\/p>\n The arbitrator makes a decision based on the facts, any contracts between the parties in dispute, and the applicable laws.\u00a0 The arbitrator will explain how the decision was reached.<\/p>\n If the applicable law allows, parties can decide in advance whether the arbitrator\u2019s decision will be final and binding or whether it can be submitted to a court for review if a party disagrees with the decision.<\/p>\n <\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Alternate dispute resolution, ADR, refers to resolving disputes in ways other than going to court. The role of professional engineers in ADR is to provide technical data, conclusions and opinions as to the cause of engineering failures, industrial, traffic and … Continue reading