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ALTERNATIVE DISPUTE RESOLUTION TAKING DEEPER ROOT INTO THE CONSTRUCTION SECTOR

Mrs Rose Gatimu Kenya Representative and Mr Paul Karekezi ,Board Member and Africa Representative at Dispute Resolution Board Foundation (BRDF)

BY NJOKI KARANJA

The Dispute Resolution Board of Africa has urged the construction sector to use alternative dispute board to handle complaints before dispute happens.

“Various mechanisms have been put to limit the risks. Given the lengthy procedures characteristic of litigation, that there has been a growing shift from the corridors of justice to out-of-court settlements”, said Mr.Karekezi.

Mr. Paul Karekezi,Board Member and Africa Representative at Dispute Resolution Board Foundation,(DRBF) was speaking during the DRB Regional Conference in Nairobi,where he said for a continent of Africa to be an effective player every sector must have a dispute boards.

“Our work is to give parties a formal assistance before the dispute is rwached where its not binding but sometimes it helps because it has helps most of the projects are completed on time”,he reiterates .

He added that, since the board was formed most of the projects are finalised on time because time taken to handle the dispute is short and effective within 3 months.

According to DRBF most of the cases going to the (DBs) only 2 percent are reversed because of small hitches among the party members while over 90% of disputes are always successful.

The board members chosen to sit in the dispute resolution board are selected by the two parties.

The board is composed of 7 African countries South Africa,Botswana,Kenya among the countries that have succeeded in the formation the DBs to sort out their disputes well.

In conclusion, DB are successful in the construction industry because of the unique features of construction those selected board still sits on arbitration and mediation.

The dispute board is always funded by JICA and AFDB and any organisation or a parastatal funded must initiative a DB in all their organisation and its formed as a contract.

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