ABSTRACT
Parties in dispute under building contracts can opt to deal with them by arbitration or litigation or for a binding but possibly temporary decision by adjudication. These all depend upon a third party listening to the evidence and the arguments and making a decision. There are other methods, such as mediation, where parties can be assisted to reach an agreement. Each system has its problems and some disputes may be better suited to one system than another. Very often the parties or a court may appoint expert witnesses and witnesses to fact are almost always necessary. In some instances, however, the decision can be reached on the basis of documents only. Judges to hear cases are appointed by the court system but there is the option in arbitration and adjudication for the parties to agree the arbitrator or adjudicator. Failing agreement, building contracts state which body will appoint the arbitrator or nominate the adjudicator. Time periods for decisions are either determined by the court, arbitrator or adjudicator or by statute. In the case of arbitration and adjudication, the parties may jointly decide some periods.
