ABSTRACT
The fundamental basis of alternative dispute resolution procedures is the ability of the parties to pursue what is important to them in the particular circumstances, often an outcome not available through litigation. The most common alternative to civil litigation is mediation, so much so that the term ‘mediation’ seems to be used interchangeably with ‘alternative dispute resolution’ in much of the literature. Adjudication is often used as a generic term for litigation but is also a specific form of alternative dispute resolution procedure developed for construction contracts. Encouragement towards alternative dispute resolution procedures in advance of and in preference to civil litigation is reflected in commercial contracts by the inclusion of clauses relating to the forms of alternative dispute resolution that must be undertaken before the parties seek resolution in the courts. Alternative dispute resolution procedures take place in surroundings that are generally less intimidating to witnesses.
