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Your Logo Here Dispute Resolution Board Foundation Fostering common-sense dispute resolution worldwide Dispute Resolution Boards An Alternative to Arbitration and Litigation Copyright 2007 Dispute Resolution Board Foundation 1 The DRB Foundation Nonprofit corporation Formed in 1996 Created to promote the use of DRBs around the world Over 600 members from more than thirty countries Copyright 2007 Dispute Resolution Board Foundation 2 The DRB Foundation Goals Education Public awareness Networking Historical database Member & training directories Newsletter, specifications & other publications International presence Copyright 2007 Dispute Resolution Board Foundation 3 Development of DRBs History How do DRBs fit with other dispute resolution processes? Keys to successful conflict resolution Copyright 2007 Dispute Resolution Board Foundation 4 What is a DRB? 3 reviewers experienced respected impartial Organized before construction begins Copyright 2007 Dispute Resolution Board Foundation 5 What is a DRB? Provided with contract documents Becomes familiar with project participants Copyright 2007 Dispute Resolution Board Foundation 6 What is a DRB? Meets on regular site visits with employer representatives with contractor representatives Encourages resolution of disputes at job level Holds hearings makes recommendations Copyright 2007 Dispute Resolution Board Foundation 7 How a DRB is Organized Employer actions: Evaluates applicability of DRB to this project Decides to use DRB Includes DRB specifications and 3-party agreement in bidding documents Copyright 2007 Dispute Resolution Board Foundation 8 How a DRB is Organized After contract award: Each party nominates one DRB member Parties approve other’s nominee First two members review contract documents select third member Copyright 2007 Dispute Resolution Board Foundation 9 How a DRB is Organized Third member approved and receives contract documents DRB is formally convened 3-party agreement is signed Organizational meetings are held Copyright 2007 Dispute Resolution Board Foundation 10 DRB Responsibilities Periodic site-visits Keep abreast of project activities and developments Encourage resolution of disputes by parties Copyright 2007 Dispute Resolution Board Foundation 11 DRB Responsibilities When a dispute is referred conduct hearing complete timely deliberations prepare a recommendation Copyright 2007 Dispute Resolution Board Foundation 12 Costs of DRBs Direct costs $1000 to $2000 per day per member Travel time and expenses Indirect costs Employee time in preparing for and participating in DRB meetings Considerably less than 0.5% of final contract price Copyright 2007 Dispute Resolution Board Foundation 13 Nine Elements of a Successful DRB All 3 members are: 1. 2. Neutral Subject to approval of both parties All 3 members sign a 3-party agreement obligating them to serve both parties equally and fairly Copyright 2007 Dispute Resolution Board Foundation 14 Nine Elements of a Successful DRB 3. 4. The fees and expenses of the DRB members are shared equally by the parties The DRB is organized when the work begins, BEFORE there are any disputes Copyright 2007 Dispute Resolution Board Foundation 15 Nine Elements of a Successful DRB 5. 6. 7. The DRB keeps abreast of job developments by: relevant documentation regular site visits Either party can refer a dispute An informal but comprehensive hearing is convened promptly Copyright 2007 Dispute Resolution Board Foundation 16 Nine Elements of a Successful DRB 8. The written recommendations of the DRB are non-binding but admissible as evidence later in arbitration litigation to extent permitted by law Copyright 2007 Dispute Resolution Board Foundation 17 Nine Elements of a Successful DRB 9. The DRB members are absolved from any personal or professional liability arising from their DRB activities Copyright 2007 Dispute Resolution Board Foundation 18 Perceived Barriers to DRBs DRBs do not add value DRB cost advantages include potentially lower bids, better communication on the job site, resolution of issues at job site level and fewer end-of-project claims, lower total contact completion cost Copyright 2007 Dispute Resolution Board Foundation 19 Perceived Barriers to DRBs DRBs impose their own concepts of fairness and equity Standard three-party agreement requires the DRB to comply with applicable laws and contract provisions. Standard three-party agreement requires the DRB to comply with applicable laws and contract provisions Copyright 2007 Dispute Resolution Board Foundation 20 Perceived Barriers to DRBs DRBs may promote claims Has not occurred because contractor's do not want to suffer loss of credibility by submitting nonmeritorious claims Lack of qualification or presence of bias Parties must only accept Board members who are totally neutral and impartial Copyright 2007 Dispute Resolution Board Foundation 21 Perceived Barriers to DRBs Lack of qualification or presence of bias Parties must only accept Board members who are totally neutral and impartial Promotion of acrimony & posturing Properly conducted, the DRB process prevents or reduces acrimony Copyright 2007 Dispute Resolution Board Foundation 22 Perceived Barriers to DRBs Lack of legal procedures & standards Extensive documentation and readily available contemporaneous witnesses minimize factual disputes Probing questions from experienced Board members Copyright 2007 Dispute Resolution Board Foundation 23 Application to Types of Construction Underground Heavy highway Buildings Ports Public projects Dams Power plants Private projects Copyright 2007 Dispute Resolution Board Foundation 24 Cost $avings and Other Benefits Dispute prevention benefits Dispute resolution benefits Cost savings statistics Copyright 2007 Dispute Resolution Board Foundation 25 Dispute Prevention Benefits Tends to promote bilateral agreement Facilitates positive relations Facilitates open communications Facilitates trust and cooperation Minimizes aggregation of claims Minimizes posturing Copyright 2007 Dispute Resolution Board Foundation 26 Dispute Prevention Benefits Encourages identification, evaluation and dealing with claims in a prompt, business-like manner Focuses on early identification and analysis, and prompt resolution Copyright 2007 Dispute Resolution Board Foundation 27 Dispute Resolution Benefits High resolution rate Provides an impartial forum Provides informal and rational basis for resolution (political cover) Parties are normally predisposed to DRB proceedings Copyright 2007 Dispute Resolution Board Foundation 28 Dispute Resolution Benefits Reduces transactional costs legal fees consulting fees Reduces lost productivity time Better informed decisions Lower bids because of lower bid risk premium Copyright 2007 Dispute Resolution Board Foundation 29 DRBF Statistical Database 1988 thru September, 2004 Total # projects 1237 Total value $US89.7 billion Recommendations issued 1418 Acceptance rate Copyright 2007 Dispute Resolution Board Foundation 97.79% 30 Dispute Resolution Board Foundation Fostering common-sense dispute resolution worldwide Questions? Copyright 2007 Dispute Resolution Board Foundation 31 Dispute Resolution Board Foundation Fostering common-sense dispute resolution worldwide Dispute Resolution Board Foundation 19550 International Blvd. So. Suite 314 Seattle, WA 98188 1-206-878-3336 USA(toll free) 1-888-523-5208 E-mail: [email protected] Website: www.drb.org Copyright 2007 Dispute Resolution Board Foundation 32