| Summary: | 碩士 === 輔仁大學 === 財經法律學系碩士班 === 105 === Constructions has the property of professional, contract diversity, huge-cost, highly potential risks, and long construction period. Also, to owners and contractors, it is a continuous service contract. Therefore, if there is any dispute arises within contract duration, the parties choose to use the traditional judicial procedure as the only means to resolve the dispute, it is impossible to expect the parties maintain a good interaction within a long-term hostile relationship. Furthermore, the cost of money and time makes projects cannot proceed smoothly, leading to a no-win situation.
If the parties use the Alternative Dispute Resolution as a settlement mechanism, it predominates at aspects of cost, time and harmony than the traditional judicial procedure. There are mediation and arbitration within current ADR in Taiwan. In addition, many domestic scholars have proposed to incorporate the Dispute Board (DB) system into one of settlement mechanisms of contract disputes. However, the implementation efficiency seems limited. This study explores the characteristics of the system, and compared with the traditional judicial procedure, to improve the domestic settlement mechanisms of contract disputes.
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