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 provides a confidential dispute resolution mechanism that parties can use instead of litigation. However, most forms have no statutory basis and are generally not regulated by prescribed rules and regulations, so the parties will need to agree to a process or include specific clauses within their construction contract.

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 resolution

3. •

   Benefits and risks of adjudication

A construction contract will often include agreed methods of dispute