ADR in the Energy Arena: Not Just for Oil Spills

Large complex energy-related disputes are resolved successfully through alternative dispute resolution (ADR) —and not necessarily just the highly visible ones grabbing the public’s attention, such as pipeline accidents and power outages.

In the dynamic global energy sector, disputes between and within energy companies arise from any number of sources—commercial issues; construction, real estate, and environmental issues; and labor and employment ones. 

Energy and utility companies arbitrate commercial claims such as:

  • Energy plant operation,
  • General regulatory and Federal Energy Regulatory Commission (FERC) proceedings,
  • Joint ventures, financing, and investment,
  • Mass claims ADR programs,
  • Power, supply, pricing, sale, and purchase,
  • Production, transportation, and marketing, and
  • Tax and royalties.

Many energy companies provide for mediation and arbitration of their union and non-union labor and employment disputes. These companies often call upon ADR organizations to provide training in dispute avoidance as well as conflict-resolution training for their executives. 

Disputes dealing with construction, real estate, and environmental issues in the energy industry rival those of any industry for complexity and can benefit greatly from a multi-step ADR process.

Issues include:

  • Energy and chemical plant construction,
  • Pipeline, drilling, and refinery construction,
  • Land leasing and rights, and
  • Pollution control, environmental cleanup, and remediation.

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