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The Use of Technical Experts as Neutrals in ADR for Complex Construction Disputes
E. Mitchell Swann, P.E.
MDC Systems®
Consulting Engineer
A hot topic in the world of ADR (Alternative Dispute Resolution) is the extent to which ‘neutrals’ should be qualified and what type of qualifications they should have. Often, the first reaction is that the neutral should have legal training as their predominant skill and some experience with the subject matter of the case. As part of the program at the American Bar Association’s ADR Section Meeting in Los Angeles in April 2005, MDC Systems®, along with the other contributors to this article, discussed the use of technical experts as neutrals in ADR proceedings. Below is a summary of the key issues, ideas and opinions addressed and presented by the panel. The panelists come from varied backgrounds but all have participated in ADR proceedings in one form or another.
The Project is Flat -Technology Blurs the Lines & Sharpens the Edge
Anyone who has read Thomas Friedman’s “The World Is Flat” might glean an idea of where this article is going right away. If you haven’t read the book, it is a good one. About 2 years ago MDC Systems® presented at the London Construction Superconference on some of the benefits, challenges and issue associated with the use of 3D and 4D modeling technologies in the design, documentation and delivery of capital projects. Since that time, there have been even more developments – not just in the nature of the technology, but also in the level of accessibility or breadth of application. This expanded modeling regimen has come to be called Building Information Modeling or BIM.
Construction Defaults: The Need for Expert Advice
A construction project in default is an emotionally charged situation, with many parties exposed and a lot of money at risk. The owner’s use of the facility will be delayed. The contractor’s work on the project and perhaps years in business may come to an end. The designer’s envisioned project is on hold. The surety faces an uncertain exposure.
Fukushima Dai-Ichi: When Culture Trumps Engineering Judgment and the Scientific Method
In recent articles1, MDC Systems® has examined the Fukushima Dai-Ichi nuclear plant explosion and meltdown disaster. Recently a Japanese investigative report2 has provided new insight into the cultural conditions which precipitated the disaster and contributed to the expanse and breadth of the effects of the continuing radiation contamination. While it is well-known that a tsunami generated from a powerful undersea earthquake initiated the incident, what has been difficult to understand is how a modern society with very sophisticated engineering and management skills ignored established nuclear industry standards and practices (Design Basis Events) and safety guidance (Station Blackout) norms and failed to anticipate the events that occurred leading to the nuclear plant meltdown conditions.