ADR/settlement for construction lawyers

Construction projects gives rise to a very wide range of disputes. There are a variety of methods that can be used to try to resolve disputes before or instead of commencing litigation or arbitration, including via a facilitated process with a neutral third party (such as mediation), or through an imposed decision (such as an expert determination).

ADR encompasses a range of processes that parties may use instead of, or alongside, litigation or arbitration. Many ADR processes are private and may be confidential, but the extent of confidentiality, without prejudice protection, procedure and the effect of any outcome depend on the process and the parties’ agreement. Except for statutory adjudication and arbitration, the processes mentioned below generally depend on contractual or ad hoc agreement between the parties.

It is always important to consider which type of ADR process is more appropriate and in some cases it may be that a combination of them may be most effective. Comparisons of different forms of ADR, and when they might be useful, can be found in Practice Notes:

1. •

   What is ADR?

2. •

   Differences between adjudication and other forms of dispute...