Commentary

182 Alternative dispute resolution (‘ADR’)

BUILDING AND ENGINEERING vol 5

182 Alternative dispute resolution (‘ADR’)

182 Alternative dispute resolution (‘ADR’)

The seven widely recognised methods of dispute resolution are: litigation, arbitration, expert determination, adjudication, mediation, conciliation and early neutral evaluation. The first three of these can be regarded as conventional forms of procedure and adjudication is now widely regarded as well-established as a first port of call in the resolution of a construction dispute. The remaining three, mediation, conciliation and early neutral evaluation are designed to avoid the more confrontational approach of the other methods. Early neutral evaluation has been dealt with above1.

In mediation, the parties seek to resolve their dispute by agreement with the

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