C4-KS49

Question 1

Mediation is binding?

True or false.

Answer 1

False

Mediation is non binding

Question 2

True or false.

AIA agreements requires mediation to be mandatory for conflict resolution?

Answer 2

True

Question 3

“When acting as the interpreter of construction contract documents and the judge of construction contract performance, an architect shall endeavor to secure faithful performance of all parties to the construction contract and shall not show partiality to any part)”

Who is the architect acting as?

Answer 3

Initial Decision Maker (IDM)

This could be interpreted to mean that if a conflict arises between the Owner and General Contractor, the Architect shall try to resolve the issue without favor to any party (even though the Architect’s contract is with the Owner)

Question 4

True or False

Per A201, if conflicts arise between the Owner and Contractor, the architect assumes the role of mediator to assist in resolving the conflict.

Answer 4

False

Article 4.2.12 of A201 is a very similar statement to the one above in the Architects Practice Act. Also according to Section 15.2.1, the Architect assumes the role of “Initial Decision Maker” and an initial decision shall be rendered by the Architect prior to engaging in Mediation.

NOTEI: The Architects Practice Act and AIA Document A201 General Conditions both indicate the role of the Architect to fairly and impartially try to resolve a dispute.
If a dispute cannot be resolved, the next step would be a formal process of Mediation administered by the American Arbitration Association. Visit their website for more information.

Don’t confuse the role of the Initial Decision Maker (You) with the formal process of Mediation and the role of
the Mediator.

Question 5

Mediation

Answer 5

• First line of conflict resolution (assuming parties are unable to resolve themselves)
• Form of alternative dispute resolution
• Non-binding dispute resolution
• According to B201, Mediation must take place prior to Arbitration
• Neutral third party aims to assist two (or more) parties in reaching an agreement

-Usually least expensive of the 3 methods
Both parties share expenses of the Mediation

Question 6

Arbitration

Answer 6

• When mediation is unable to resolve dispute
• Neutral third party aims to assist two (or more) parties in reaching an agreement
• Binding dispute resolution
• Decision of the arbitrator is final
• Less expensive alternative to litigation
• Quicker process than litigation

Question 7

Litigation

Answer 7

• Dispute resolved in the court system

- Expensive and long process , involving attorneys

Question 8

Per shiff harden, what is the importance of listing assumptions under initial information of the B101?

Answer 8

• establishes end product for product
• descirbes background of project for potential disputes
• helps determine additional services.

example: Owner assumes $100 million budget for initial information, and architect successfully designs project to meet budget. Later, owner requests to value engineer project to $750 K, so architect has reason to issue additional services to meet owner’s request.