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Sheet G-114
PjMCE PcM

Dispute Resolutionconcept

AIA dispute resolution ladder: initial decision → mediation → binding step

One-line orientation

For claims that require an initial decision, the usual AIA sequence is: initial decision, required mediation, then the binding method chosen in the agreement.

Key points

  • Step 1 — Initial Decision (IDM):
    • Scope: most owner-contractor claims under A201 Article 15 begin with a written IDM decision.
    • Default IDM: architect, unless the parties name someone else.
    • Exceptions: check the edition and claim type, especially after the correction period.
    • B101 path: owner-architect disputes follow B101 Article 8 instead of the A201 owner-contractor IDM process.
  • Step 2 — Mediation (required, non-binding): Mediation is a mandatory prerequisite before the binding step. Mediation is confidential and non-binding; a neutral facilitator helps the parties negotiate but does not impose an outcome. AIA documents use timing windows after mediation is demanded before a binding step may proceed, so check the specific edition if the question asks for a day count.
  • Step 3 — Binding resolution (arbitration OR litigation): If mediation does not resolve the dispute, the parties proceed to whichever binding method they selected in their agreement — arbitration or litigation, not both. The choice is made at contract execution.
  • IDM role in practice: The IDM reviews the claim, may request additional evidence, and issues a written decision. A party that disagrees may demand mediation within the time allowed. The IDM’s decision stands if neither party demands further process.

AIA dispute-resolution ladder

Most owner-contractor claims escalate through each step before any binding decision.

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AIA dispute-resolution ladder for owner-contractor claims: initial decision, then mediation, then one binding method A three-step vertical ladder. Step 1 is the Initial Decision by the Initial Decision Maker, the architect by default; step 2 is Mediation, required, non-binding and confidential; step 3 is the binding resolution. A right-hand column headed Binding reads No, No, then an accented Yes, so only the third step is binding. Downward arrows show the escalation: if unresolved, demand mediation; if still unresolved, proceed to the binding step. The binding step forks to two mutually exclusive boxes, Arbitration or Litigation. BINDING?1Initial Decision (IDM)architect by default · written decisionNo2Mediationrequired · non-binding · confidentialNo3Binding resolutionwhichever was elected in the agreementYesif unresolved → demand mediationif still unresolvedArbitrationLitigationOR

Arbitration and litigation are mutually exclusive alternatives elected at contract execution — not sequential stages, and arbitration does not precede litigation.

Shown: the A201 owner-contractor claims path (Article 15).

Confusions / comparison

StageBinding?Who decidesPurpose
Initial Decision (IDM)No — subject to challenge by either partyIDM (default: architect)First review for claims that require IDM decision; condition precedent to mediation
MediationNo — parties may walk awayNeutral facilitator (does not decide)Confidential negotiation; required before binding step
ArbitrationYes — if elected in agreementNeutral arbitrator(s)Final private adjudication
LitigationYes — if elected in agreementCourt / judgeFinal public adjudication

→ pp-mediation-vs-arbitration-vs-litigation (this module): deep contrast of the three methods · pp-termination-suspension (this module): separate exit path when a party ends the contract rather than disputes it · ProPractice: AIA A201 general conditions overview.

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