Construction Arbitration Services

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ADR Market

Alternative Dispute Resolution (ADR) Market

The ADR market is a growing service industry based upon the continuing inability of the public court system to manage effectively its docket of civil cases and the rising costs of litigation. An ADR proceeding is intended to be more efficient than the traditional costly and time-consuming litigation process. As compared to the court system, an ADR proceeding generally offers disputing parties a number of benefits and advantages, including but not limited to the following :

ADR Benefits & Advantages

ADR Benefits & Advantages	Results
Control	Parties have more control over the process and the results by being able to make a choice about how to proceed and how to have their dispute resolved
Economy	The simplicity of the procedures saves the parties significant costs, including unnecessary attorney’s fees and trial expenses.
Efficiency	These methods provide convenient and expeditious proceedings, speedy results, quick solutions, and substantial time savings.
Expertise	The individuals involved who assist the parties or who decide the disputes are impartial, neutral, independent, knowledgeable, and trained experts.
Informality	These procedures are less formal and structured than litigation and avoid the application of strict rules, legal technicalities, and complex proceedings.
Mutually beneficial results	These approaches allow the parties to explore alternative settlements yielding creative and innovative results which often mutually benefit the parties
Privacy	The proceedings are usually confidential and the results private and not open to public exposure
Promoting relationships	Parties who participate in these methods create and develop continuing good relations
Reasonableness	These approaches tend to reduce unreasonable positions, claims or defenses asserted by parties.
Satisfaction	For all these reasons, parties are more likely to be satisfied and accepting of their results

Arbitration
Arbitration is a decisional process where disputing parties present their arguments to one or more trained construction or real property arbitrators. After hearing arguments from all parties, the arbitrator renders a decision that is generally final and binding on the parties.

Mediation
Mediation is a less formal process where a trained construction or real property dispute settler helps disputants agree upon a mutually satisfactory settlement. The dispute settler uses various techniques to help the parties move toward a negotiated settlement. The approach is cooperative rather than adversary, focused on problem solving rather than a win-lose decision.

Expedited Dispute Settlement (EDS) ®
EDS® was developed specifically for the construction industry. It combines the best of mediation and arbitration. It is initially directed at reaching mutually acceptable resolutions to disputes when possible and then is directed at final decisions on disputes where the parties fail to reach an agreement within a reasonable time. To date, over 180,000 disputes have been successfully resolved using the EDS® process.

Local-Regional-National Panels
CAS maintains local, regional, and national panels of professional dispute settlers with expertise in a wide variety of subject areas:
• Consumer
• Construction
• Insurance
• Labor
• Real Estate

CAS Administers ADR Rules and Procedures for:
• Construction Claims
• Home Inspection Disputes
• Home Warranty Claims
• Real Property Disclosure Claims

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