ARBITRATOR BRIEFING SHEET

YOU HAVE BEEN SELECTED TO SERVE TO ARBITRATE THE DISPUTE BETWEEN BETSY ROSS CONSTRUCTION COMPANY AND THE THOMAS JEFFERSON DEVELOPMENT CORPORATION IN THE MATTER OF COST OVERRUNS ARISING OUT OF A WORK STOPPAGE WHICH OCCURRED WHEN A SUSPICIOUS MATERIAL WAS

UNCOVERED DURING EXCAVATION AT THE APPLE CITY SCHOOL SITE.(SEE CASE DESCRIPTION)

YOUR RESPONSIBILITY IS TO HEAR ARGUMENTS FROM BOTH PARTIES, DETERMINE THE FACTS, INTERPRET THE CONTRACT AND RENDER A JUDGEMENT AS TO WHAT, IF ANY, COMPENSATION IS DUE BETSY ROSS.

IF DURING THE COURSE OF YOUR PROCEEDINGS, THE PARTIES EXPRESS A WILLINGNESS TO RESOLVE THE ISSUES BETWEEN THEMSELVES YOU SHOULD ENCOURAGE THEM TO DO SO. IF HOWEVER THEY LOOK TO YOU FOR A DECISION THEN YOU SHOULD RENDER ONE BASED UPON YOUR INTERPRETATION OF THE POSITIONS AS STATED BY THE PARTIES.

[Return to Exercise]

This entire exercise is copyright 1998 Dick Coughlin, All Rights Reserved.

Posted to ADR Resources by permission

This Website is by Stephen R. Marsh
Contact Information at:
http://adrr.com/smarsh/

I have marked in color (teal) areas where the third party's options and methods are defined by Dick Coughlin's approach.  I would encourage readers to consider the alternatives, advantages and disadvantages for each option and method (recognizing that the ones chosen by Dick Coughlin are the majority approachs and the fit the "standards" for the largest number of third parties).  Often there are very good reasons why the "standard" is used by the majority.