ABSTRACT
There are six ways in which a dispute under a construction contract, as defined by the Construction Industry Act, can be resolved: negotiation, alternative dispute, resolution, adjudication, expert determination, arbitration and litigation. Alternative dispute resolution (ADR) is a form of structured negotiation in which the parties are facilitated in resolving their dispute themselves through the employment of a conciliator or mediator. The essential difference between ADR and other forms of dispute resolution is that there is no judgement, decision or award imposed on the parties. The New Engineering Contract when it was first issued contained provisions for adjudication with the intent that there would be someone genuinely independent of the parties who would decide disputes. Expert determination is a useful way in which to obtain a rapid and final decision on matters of a technical or semi-technical nature but there is no restriction in law as to the matters with which the expert can deal.
