Dispute Resolution

Dispute Resolution - Which Process to use?

If negotiations have failed a formal process will have to be adopted. It is worth remembering that whatever formal method is chosen, they all have one thing in common. You are simply asking an impartial third party to decide your dispute. The procedures may be very different but whichever process is adopted, it amounts to no more than asking someone else, be that a judge, arbitrator, adjudicator, dispute board or expert, to conclude on the merits of each parties case, who is or isn't entitled, in part or in whole, to whatever it is in dispute.

There are many formal processes available today for the resolution of construction disputes.

The process to follow in the first instance is to talk and negotiate.

If a formal procedure needs to be adopted it will normally be set out in the contract. However, it should not be forgotten that a contract can be varied by the agreement of both parties. If the process set out in the contract is not best suited to the dispute that has arisen, then by agreement that process can be changed, for example maybe try mediation first. The contractual dispute resolution clauses should be viewed as a fall back position if agreement of how to resolve each dispute can not be obtained.

The dispute resolution process should be matched to the dispute, not the other way round.

Please use the menu on the right to find out more about each available dispute resolution process.

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