Dispute Resolution Boards (DRBs) and Dispute Resolution Advisers (DRAs)

Dispute Resolution Boards (DRBs) and Dispute Resolution Advisers (DRAs) are two alternative dispute resolution methods commonly used in the construction industry to prevent and resolve disagreements between project stakeholders. However, they differ in several key aspects.

Purpose

A DRB is established at the outset of a project to monitor progress and prevent disputes from escalating. A DRA, by contrast, is typically appointed to assist parties who are already in or approaching a dispute, providing neutral advice to facilitate resolution.

Composition

A DRB is usually made up of a panel of three independent experts appointed jointly by the contracting parties at the start of the project. A DRA is a single neutral individual, making the arrangement simpler and less resource-intensive.

Function

DRBs make binding or non-binding recommendations on disputes referred to them during the project. They also conduct regular site visits to stay familiar with project progress and any emerging issues. DRAs provide non-binding guidance and recommendations, focusing on helping parties reach agreement rather than imposing decisions.

Cost

DRBs are more expensive because they involve a panel of three experts who attend regular site visits throughout the project life. DRAs are generally less costly, as a single adviser is engaged, often on an ad hoc basis.

Suitability

DRBs are best suited to large, complex projects — particularly major infrastructure or civil engineering works — where the cost of establishing and maintaining the board is proportionate to the scale of the project. DRAs are more appropriate for mid-sized projects or where the parties want access to informal guidance without the full overhead of a board.

Relationship with Parties

DRB members maintain an ongoing relationship with both parties throughout the project, which provides continuity and contextual understanding. A DRA may be engaged for a specific issue and therefore has a more limited relationship with the project.

Choosing Between DRBs and DRAs

The choice between DRBs and DRAs depends on the specific project, budget, and risk profile. Consulting with construction professionals and legal experts can help determine the most effective approach for your project's needs.