Blog
Use of Consensus Building For Infrastructure Project Development
"Consensus" is a word we need to embrace if we want to fix our economy and crumbling infrastructure in a smart, timely and sustainable way. "Consensus building" is a structured process that seeks to achieve "near unanimous" support, as opposed to a one vote, majority rules. A mere 51% majority decision won't necessarily get us where we need to go since every time the majority changes, so might the decision. Read More at CCRMediator.com
Progressive “P3s” and Transit Rail Projects: A Phased Approach to Development and a Comprehensive P3 Agreement GalleryProgressive “P3s” and Transit Rail Projects: A Phased Approach to Development and a Comprehensive P3 Agreement
Consensus Building, deferred maintenance, mega transit projects, Progressive design-build, progressive P3, Value Capture
Progressive “P3s” and Transit Rail Projects: A Phased Approach to Development and a Comprehensive P3 Agreement
In recent years, there has been increasing discussion about the use of “progressive” design-build and P3 contracting as an improved method for certain types of infrastructure project development. In particular, groups such as the Water Design-Build Council in Denver have done an excellent job developing guidance, as well as procurement documents and contract forms. Even further back in the 1980’s, the AIA put out a two stepped contracting form for design-build which could be classified as progressive design-build. This [...]
The U.S. Public Private Partnerships (P3) Infrastructure Market, would benefit from use of a “P3 Conciliator”
Periodically we see news reports in the U.S. about the latest challenged P3 project, usually followed by the latest major contractor to depart this important slice of the infrastructure market. Clearly, the U.S. P3 market is still experiencing growing pains. However, we need to grow up quickly, if we want to achieve all the benefits from P3s to help meet the demands of the economic recovery from the impact of Covid-19. In order to do this, [...]
Coastal City Resiliency: Consensus-Building to Reach Sustainable Solutions
Many cities along the eastern seaboard, like the City of Hoboken, NJ, will need to make huge investments in infrastructure, as well as changes in land use, to combat the impacts of climate change. The variety of stakeholders, the numerous alternative approaches to the problem, and questions of how much to do and when — not to mention the tremendous cost — make these challenges extremely complex to say the least. The principles of mediation [...]
Using Dispute Review Panels on Complex Engineering and Construction Projects.
Dispute review boards, standing neutrals, and other forms of early third party neutral evaluations can be a powerful tool in promoting collaborative dispute resolution. These processes are particularly helpful in complex engineering and construction projects when the opinions of carefully chosen experts can be advisory, non-binding and made in real time during project execution. Projects such as power plants, dams, highways, rail transit and tunnels are often great candidates for these techniques. The application of this [...]
Lincoln on Litigation and Lawyers-as-Peacemakers
If mediation had been considered a method for resolving litigation in the 1800's, as it is by most courts today, Abe Lincoln would have likely been a big proponent. Lincoln’s “Notes on the Practice of Law” written in 1850 (fn-1) contains many of Lincoln's impressions and opinions during the time he was a practicing lawyer. One often referred to section is Lincoln’s opinions regarding litigation. This passage reads as follows: “Discourage litigation. Persuade your neighbors [...]