Dispute board

A dispute board or dispute review board (DRB) or dispute adjudication board (DAB) is a 'job-site' dispute adjudication process, typically comprising three independent and impartial persons selected by the contracting parties. The significant difference between Dispute Review Boards and most other Alternate Dispute Review techniques (and possibly the reason why or Dispute Review Boards have had such success in recent years) is that the Dispute Review Board is appointed at the commencement of a project before any disputes arise and, by undertaking regular visits to the site, is actively involved throughout the project (and possibly any agreed period thereafter).

A Dispute Board becomes a part of the project administration and thereby can influence, during the contract period, the performance of the contracting parties. It has 'real-time' value. The idea behind a standing Dispute Resolution Board is that it may be called upon early in the evolution of any dispute which cannot be resolved by the parties and be asked to publish decisions or recommendations on how the matters in issue should be settled. It is usual (but not compulsory) that an opportunity remains for the matter to be referred to arbitration or to the courts if the Dispute Review Board's decision does not find acceptance by the parties. Thus a Dispute Resolution Board may be likened to the United Kingdom's adjudication process, either under statutory-compliant contracts or under the regime established by statute itself . What a Dispute Review Board does that United Kingdom statutory adjudication does not do is to provide a regular and continuing forum for discussion of difficult or contentious matters, to identify ways forward by acting in an informal capacity and to create valuable opportunities for the parties to avoid disputes by keeping proactive communication alive. Another aspect, which is less often discussed, is that by establishing a Dispute Board from the inception of the project the Dispute Board members become part of the project team and are thought of in a different fashion and because of their "hands on" approach can be trusted to be fair and impartial and their advise respected and taken more readily than would a third party or stranger to the project.

The terms Dispute Board or Dispute Review Board are generic terms and include (a) the Dispute Review Board (DRB) which is a device that originated in the USA and provides non-binding recommendations); (b) the Dispute Adjudication Board (DAB) which is a device emerging from the earlier USA model, but which provides a decision that has interim-binding force); and (c) the Combined Dispute Board (CDB), which is a hybrid of Dispute Review Boards and Dispute Adjudication Boards which was created by the International Chamber of Commerce in 2004. Various other terms have been used such as Dispute Settlement Panel, Dispute Mediation Board, Dispute Avoidance Panel and Dispute Conciliation Panel. Fundamentally these different varieties of Dispute Review devices are the same, each providing early adjudication based on the contractual bargain between the parties.

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