ABSTRACT
Traditionally, arbitration has provided the alternative to the courts as a method of dispute resolution. However, the use of methods known as alternative dispute resolution (ADR) also has a long and distinguished history. The process is voluntary and consensual although the mediation process may be incorporated into the dispute resolution procedures in a contract. A Centre for Effective Dispute Resolution (CEDR) survey of the Institute of Directors shows that three-quarters of members would prefer to use mediation and similar techniques rather than go to court. A dispute review board is a project-specific process which facilitates co-operation by using active dispute management to help the parties reach a compromise. Many construction disputes include complex issues, numerous separate claims and multiple parties. Mediation and ADR are essentially about compromise and enabling those involved to take a realistic view regarding their prospects should they proceed to a more formal dispute resolution procedure.
