ABSTRACT
Introduction The introduction of mandatory mediation by the South African legislature raises the question of future trends relating to the practice of alternate dispute resolution (ADR) in the construction industry. The competitive and fast-track nature of the construction industry lends itself to an increased risk of dispute. Professionals invariably fulfil the role of project manager in the South African construction industry. With research suggesting that decisions are being made for the parties without negotiating their own settlement, the application of ADR is questionable in the South African construction industry (Povey, 2005). The inconsistent form of practice prevents the full realisation of the benefits of the advantages relating to the consensual methods of ADR. The question is, will current practice stand up to the challenges faced in regard to legislation and competitive practice and how will that influence future trends? The past and present situation relating to ADR practice in the construction industry was investigated in order to project possible future trends based on the evolution of the ADR process.
