Litigation or Arbitration? Highlighting Key Differences in Dispute Resolution Methods
Despite the best efforts of all involved, disputes may arise on a construction project. While the result of the dispute may be uncertain, with a dose of foresight, the process to achieve that result can be tailored to best suit the needs of the parties and the project. When a dispute cannot be resolved informally, the parties will need to obtain a binding decision – how this is accomplished will be determined by the contract documents.
Both AIA A101TM-2017 and the B101TM-2017 empower the parties to decide how a dispute will be resolved in a binding fashion. If the dispute could not be resolved by mutual agreement, the parties should select whether they wish to proceed to arbitration, litigation, or another option of their own choosing. While arbitration and litigation may appear similar at first, each has different benefits and potential drawbacks. Therefore, it is a decision that should be made in an informed manner. This article will provide a summary of the key differences between arbitration and litigation.
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