Rechtsanwalt, Heidelberg, Germany

AND

Rechtsreferendar, Regional Court, Krefeld, Germany

Dispute boards are an excellent instrument for the quick and efficient resolution of disputes arising during construction projects. When parties decide to establish a dispute board for a given project, there are certain choices that have to be made. Two of the most crucial questions the parties must answer are whether they want a permanent or an ad hoc dispute board and how many members the dispute board should have. The dispute board model parties decide upon has a direct impact on the efficiency and the costs of the dispute board. Even more than existing models of dispute boards, the new “one plus one” model presented here offers fast and competent dispute resolution at a comparably low cost. Only one member is appointed at the outset of the project. Where a dispute arises, this member will try to reach an amicable settlement. If the dispute cannot be settled, this member will decide the dispute. Where he does not have the necessary expertise to deal with the dispute adequately, a second dispute board member with the necessary expertise will be appointed. Both dispute board members will then decide the particular dispute together. After the two members render a decision, the initial dispute board member will again serve on the dispute board alone.