An Introduction to Dispute Resolution Procedures – Part 1

In the first of a two-part article, which appears in the RICS Construction Journal, Nicholas Gould provides an overview of dispute resolution techniques available in the construction industry, and describes traditional and formal dispute resolution approaches.

Introduction

Arbitration was for many years the traditional method for the final resolution of construction disputes. That position has changed for a number of reasons. First, the increasing use from 1990 onwards of a range of alternative dispute resolution "ADR" techniques, primarily mediation, and the introduction of adjudication on 1 May 1998. Arbitration and litigation has also been the subject of review. A new arbitration act was introduced in 1996, and litigation procedures were also reformed during that year.