In the world of building big bets, time is money and disputes are inevitable. But the drawn conflicts should not be. For those who seek to minimize interruption, cost control and preserve relationships in complex projects, avoiding disputes and resolution tables (DARB) offer a smarter path.
For experienced owners, general contractors and their lawyer, the question does not question conflicts; It’s like managing them strategically when they do it. Although some may doubt the initial cost of establishing a DARB, yields speak for themselves: less claims, faster resolutions and projects that are underway.
Why is the investment worth
Let’s start with the cost. According to the foundation of the Board of the Resolution of Disputes, a typical DARB costs between 0.05% and 0.25% of the total value of a project.[1] This is $ 50,000 to $ 250,000 on a $ 100 million project. Compare -with the cost of formal disputes, which are often significantly more expensive when considering legal rates, management time and delays.
But the actual value of Darbs is not only to solve problems, it prevents them. When regular and structured structured communication is part of the process, many disputes are resolved informally before they are inclined to claims.
Avoidance of disputes is not a keyword
Darbs do more than solving disputes: they help them avoid them completely. These boards create a pace of accountability and an open dialogue regularly calling for the interested parties of the project. The problems are raised early, they are collaboratively addressed and they are resolved informally or formally.
A global study of 2024 from the King’s College London Law Center and the Dispute Resolution analyzed 4,019 DARB over six years. Directed by Professor Renato Nazzini and Raquel Macedo Moreira, the survey found that when the measures of dispute avoidance were taken, 45% of the disputes were completely avoided and 41% experienced a significant reduction in the scope. Only 14% of the disputes remained unchanged.[2]
The study also reported a high fulfillment of DARB’s recommendations and widespread institutional support for a possible international convention to strengthen the executive, which validated the DARB as a model of trust and effective conflict management.
The experienced teams know that they are not always the obvious risks that they download a project, but are those that are not resolved to remain under the surface. DARB help to put these problems in the weather where they can be constructively approached.
Real -time resolution that continues to move in motion
When a dispute occurs, the DARB are designed to answer quickly. As the Council is already engaged and familiar with the project, they can be called quickly, often at the workplace and issuing a recommendation in a few days or weeks, not for months.
This speed matters. Construction schedules are finely adjusted machines and uncertainty can stop them. The DARB provides a clarity that allows the two parties to move confidently. There are no formalities in court and although there is often legal advice, the legal process does not dominate the dispute.
The goal is not to litigate. It is to solve. This tone difference involves greater purchase and better results.
Preserve relationships and reputation
Beyond financial savings, Darbs helps preserve the human element of construction: trust. In an adversary environment, communication breaks down and relationships are released. With a neutral and informed council that helps guide the conversations, the parties are committed to the shared objective of completion of the project.
Council members are usually experienced with a deep experience in the industry. They speak the language of work and command with respect to both parties. Even when the recommendations are not binding, they carry a real persuasive weight.
Preparing a dispute for review sometimes requires the parts to clarify their thinking, evaluate positions and find common ground, often before the Council has to weigh.
Why DARB administered are more effective
Not all dispute boards are created equal. One of the most common obstacles is with a non-administered board, where the parties try to self-manage. These efforts often sink under stress, especially when a party is perceived to lead the process.
An administered DARB, as a supported by American Arbitration Association® (AAA®), adds an essential structure. The AAA helps Vet and to select the members of the Board, coordinates programming and logistics, and maintains the deadlines and procedures underway, even when the tensions feed.
This support is especially valuable in large, complex or public public infrastructure projects, where delays can shit in tens of millions of dollars in losses. A third party administrator helps maintain the independence, consistency and effectiveness of the Council.
A growing standard in the United States and abroad
Dispute boards have been used for decades in projects around the world, including large -scale transport, water and energy developments. In the United States, DARB is gaining traction as best risk management practices, not only for public works, but also for sophisticated projects in the private sector.
In the industries and geographies, the owners and contractors go to DARB to reduce the risk of delay, control the costs of the project and protect professional relationships.
Conclusion: Professionalism in practice
Darbs are not on top. They are strategic insurance. They have budgets, schedules and relationships while instilling in discipline and professionalism in complex construction environments.
When they are well integrated and administered well, Darbs sends a clear signal: This project is being executed with foresight and responsibility. For a fraction of the cost of potential claim, interest groups gain predictability, protection and tranquility.
In an industry where uncertainty is expensive and litigation is disruptive, Darbs offers a rare thing: a smarter standard.
De Rod Toben, Vice President of the Construction Division, American Arbitration Association and Jacqueline Vega Cintron, Vice President of the Construction Division, American Arbitration Association
Jacqueline Vega Cintron
Vice President, Construction Division
American Arbitration Association
150 East 42nd Street, 17th floor
New York, NY 1001
Tel: 646-240-4624
see
Jacqueline Vega Cintron He is vice -president of the construction division of the North Region -East and has served with the American Arbitration Association (AAA) for six years. Jacqueline is currently responsible for the strategic expansion of AAA ADR services throughout the Atlantic and New England. In addition to its regional supervision, Jacqueline has national responsibilities focused on advancing the construction of the AAA construction and deepening the commitment to the broadest industry. She is also an active contributor to the organization’s educational mission, frequently presenting the Trends and Good Practices of ADR to professionals in the Communities of Construction and Legality.
Before joining the AAA, Jacqueline worked in compliance after graduating at the Maurice A. Deane School of Law at Hofstra University in 2018.
Shore
Division of Vice President-Construction
American Arbitration Association
13727 Noel Road, Suite 1025
Dallas, TX 75240
972-774-6923
tobenr@adr.org
Shore He is a Vice President of the Division of Construction located in Dallas, TX, with a marketing and development responsibility of the ADR Services of the construction of the Association for the Midwest and the South -West. Often consult with the General Directors and defenders on the design and implementation of construction dispute resolution programs. In addition, he is responsible for the list of referees and mediators of the recruiting and development association.
ROD is also a AAA link to the National Committee on Resolution of Construction Disputes and works closely with professional industry groups. Rod is a representative of the AAA frequent in talking about educational commitments and activities.
[1] Peterson, Kimberly. “DB PAQS”, ND https://www.drb.org/db-faqs.
[2] Nazzini, Renato and Raquel Macedo Moreira. “2024 International Dispute Board Survey: A study on the world use of dispute boards for the past six years.” King’s College London. Center for Law of Construction and Resolution of Disputes, King’s College London, December 2024. Consulted on May 23, 2025.
