What is Alternative Dispute Resolution (ADR)? Alternative Dispute Resolution, or ADR as it is commonly known as, is essentially any method that is used to resolve a dispute that is not litigation. Strictly speaking therefore, this includes adjudication and arbitration,
What is construction dispute negotiation? This involves dealing directly with the opposing party; that means communicating with the other side without a tribunal or court. This can be done by you or an appointed representative (such as us). Negotiation can
What is construction mediation? Mediation has enjoyed a tremendous amount of growth since Lord Woolf’s report back in the late 1990’s ‘Access to Justice’, not least because it has become the norm under the Civil Procedure Rules’ Pre-Action Protocol, and
Arbitration has been a favourite method of resolving disputes in the construction and civil engineering industries for many decades, allowing disputes to be settled by experienced and appropriately qualified experts (as opposed to a judge in a court setting). What
Adjudication is a dispute resolution method commonly used in the construction industry. Since the Housing Grants, Construction and Regeneration Act 1996 (as amended), which introduced statutory adjudication, was enacted in 1998 (and referred to as the ‘Construction Act’), it has
Litigation is the process of taking legal action and is the traditional form of dispute resolution, familiar to most people because of the UK court system which facilitates the civil process in the County Court and High Court. What is
Avoiding construction and engineering disputes should be the overriding objective of all parties involved in a building project. However, achieving this aim requires communication, awareness, access to the relevant paperwork and records – and most importantly of all, the willingness
A defendant can find itself unintentionally bound by an adjudicator’s agreement and responsible for fees, interest and other costs. Sarah Evans, senior associate in the construction team at Irwin Mitchell LLP, explains. Above: Leaving it blank might make no difference…