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Daniel McMillan

First Page

1

Last Page

57

Document Type

Article

Abstract

Dispute Review Boards (DRBs) are a unique form of alternative dispute resolution (ADR) used on large and complex construction projects across the country. Although largely ignored by legal scholars, DRBs have been highly successful in resolving costly, time-consuming disputes involving hundreds of billions of dollars’ worth of projects since their advent in 1975. DRBs are a hybrid form of ADR that combine facilitative and evaluative as well as coercive and non-coercive features of more common forms of ADR. But what actually makes DRBs so effective at dispute avoidance and resolution? This article analyzes: (i) the attributes that make DRBs an effective ADR tool; (ii) how DRBs differ from other types of ADR like mediation and arbitration; (iii) where DRBs should be placed on a dispute resolution continuum relative to other ADR forms; and (iv) lessons gleaned from the growing body of DRB case law. Armed with this understanding, contracting parties can make informed decisions about whether and how to modify model DRB provisions, and courts can have a point of reference when deciding disputes involving DRBs. Most importantly, the framework for understanding DRBs established in this article will help ensure they remain effective in achieving their fundamental purpose: avoiding and resolving disputes well into the future.

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