While implementing construction contracts, adversarial relationships between government
individuals and contractors have traditionally been a problem. Such relations lead to
unresolved conflicts, unnecessary delays, and even costly litigation — circumstances both
sides want to avoid.
One solution is Partnering: a structured approach to working together in the interest of a
project. The idea was first introduced in the Corps of Engineers by Dan Burns, former
chief of Construction Division in Alabama’s Mobile District (current chief of Construction,
Operations and Readiness Division at the Headquarters). It has quickly spread throughout
the public and private sector and has placed the Corps on the foreground of dispute
avoidance and resolution. While the concept was originally applied to construction
contracts, it is now being used to improve business relationships across the broad spectrum
of Corps work.
Key Points
relationships to achieve a cooperative, team approach and to avoid disputes. Partnering
nurtures trust, open communication, collaborative problem- solving, equity, and a common
vision.
advantages as a result of teamwork, and greater job satisfaction. Partnering is also seen by
many as a more ethical way of doing business.
improve cooperation and communication.
government and the contractor.
a top management person on both sides to instill the Partnering ethic throughout and a
“managing partner” to nurture cooperation from the bottom up.
succeed.
cooperative action.
develop dispute resolution methods, and get buy-in to the implementation plan. The
workshop must strengthen the ability of participants to communicate as a team. Conflict
management and problem- solving skills are included.
evaluation form.
awards ceremonies, and debriefing sessions.
In this article I will offer a succinct overview of definitions, principles, approaches, opportunities and limits of mediation, a method of conflict resolution encompassing a wide range of practices (Burton,...
By Claudia MaffettoneMediators come from a number of professional backgrounds, but lawyers and therapists are seemingly the most highly represented within their ranks. It has long been a question of how mediators...
By Hadassah FidlerDisputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesOn Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related...
By Beth Graham