Alternative dispute resolution in the UK construction industry

Alternative Dispute Resolution (ADR) has attracted a great deal of attention amongst the legal and construction professions of the UK construction industry since the mid-1980s. Not only does ADR provide an opportunity to resolve disputes more efficiently than the traditional methods of arbitration and litigation, but it also provides increased scope for the involvement of non-lawyers. Construction professionals can and are becoming increasingly involved in mediation, conciliation, expert determination and adjudication. Essentially, this research focuses on the perceptions of the key individuals in the field of construction disputes. The results of the largest postal survey of its kind compare the range of dispute resolution techniques. The dispute resolution pathway is most frequently dictated by the construction contract - a factor which has been further complicated by the unilateral right to adjudication under the Housing Grants, Construction and Regeneration Act 1996. In parallel, the “softer approaches” of mediation and conciliation are developing and playing an increasing role in the resolution of construction disputes. Finally, the above factors coupled with the developments in dispute resolution clauses and the vying for dispute resolution services produces a dispute resolution landscape which is dynamic and developing. In conclusion, the research demonstrates that few in the industry have enough experience of the range of dispute resolution techniques required to make an adequate assessment of which technique is best for a particular dispute.