OTHER ALTERNATIVE DISPUTE RESOLUTION (ADR)

Adjudication has become the ‘go to’ form of dispute resolution in the construction industry. However, there are other options available to clients which may be more suitable.

Other
ADR
Services

Mediation is a form of dispute resolution in which the parties attempt to reach agreement with the assistance of an independent mediator. Mediation is a without prejudice process, and anything said during the mediation process cannot be used against a party later. This allows the parties to speak freely and make genuine attempts to settle. Mediation is usually worth considering as it gives the parties control over the outcome.

Conciliation is similar to mediation. The main difference is that, if the parties do not reach agreement, the conciliator will write a recommendation. Usually, this recommendation is not binding if one of the parties rejects it within a set number of days. However, the parties can agree to be bound by it.

Arbitration provides a final resolution to the dispute. Often arbitration will be selected in the contract as the final forum. For example, the JCT Suite of contracts provide the option of arbitration or litigation. One of the advantages of arbitration over litigation is that it is private, and litigation is not. This means that sensitive material is kept out of the public sphere, which can have obvious benefits.

Our people also have extensive litigation experience, so if the matter goes to the courts, we can assist you through this process.

Why use Burns Dewar

We have extensive experience in all forms of construction ADR. We understand the strengths and weakness of each forum and operate confidently within all of them.

We are here to present your case in the strongest manner and to robustly represent you.