Dispute resolution is all about compromise


In construction there will always be arguments. We help solve these arguments and get everyone back on track.


There are many different types of dispute resolution.

These include negotiation, mediation, conciliation, arbitration, adjudication and litigation.


Negotiation


In this process parties work together to resolve the issues.

This is our favourite way to solve construction disputes.

In business whether you are buying or selling you need to be able to negotiate.



Arbitration


Arbitration is a private sector substitute to litigation, whereby a neutral third party resolves a dispute with a binding decision.

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes are resolved on the basis of material facts, documents and relevant principles of law.

Mediation


In its basic terms, a mediation is a discussion between the parties with the assistance of a neutral third party called a mediator.

In a mediation, the parties meet with the mediator and each side is provided an opportunity to explain their position and their desired relief.

The mediator listens to both sides and then attempts to resolve the dispute in a mutually agreeable manner.



Conciliation


Conciliation is an alternative out-of-court dispute resolution instrument.

Like mediation, conciliation is a voluntary, flexible, confidential, and interest based process. The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party.

The main difference between conciliation and mediation proceedings is that, at some point during the conciliation, the conciliator will be asked by the parties to provide them with a non-binding settlement proposal. A mediator, by contrast, will in most cases and as a matter of principle, refrain from making such a proposal.


Arbitration


Arbitration is a private sector substitute to litigation, whereby a neutral third party resolves a dispute with a binding decision.

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes are resolved on the basis of material facts, documents and relevant principles of law.

Adjudication


Adjudication is a form of dispute resolution which applies to all written construction contracts in the United Kingdom.

‘Construction’ is widely defined and can therefore catch work not only undertaken by building contractors but also by members of the professional team such as architects and surveyors.

As it is a statutory right, the right of either party to refer a dispute to adjudication applies even if the contract between the parties is silent.

The aim of adjudication in construction contracts is to provide a fast mechanism for settling disputes in construction contracts to prevent undue delay in the works.

Statutory adjudication was introduced by the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996).

Applies to parties to a "construction contract", who cannot contract out of it.

Is a 28-day procedure (although the parties can agree to extend this period).

Is often described as a "pay first, argue later" mechanism for resolving disputes in the construction industry.

Is designed to protect cash-flow during construction.




Litigation


Litigation is the process of taking legal action through the court system.

Traditionally, litigation had a reputation as long-winded and costly, as demonstrated by the fact that ‘a substantial majority (70%) suggested the whole system takes too long whilst almost 40% suggested that the costs of litigation are far too high’ (Hibberd & Newman, 1999: 17).

Our Advice


We advise all our Clients to talk to us and then talk to the other party in the dispute. Talking is cheap and with a little bit of common sense on both sides, any problem can be resolved.


Talk to us and we will help advise you the easiest and most economical way of settling your dispute.


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