ABSTRACT
Chapter 30 raises the question of whether there is a “best” method of resolution for construction disputes, or whether such a search is illusory. There is now a wide range of dispute resolution techniques, each of which has its protagonists who sell its benefits and virtues. It is suggested that, other things being equal, the appropriate dispute resolution technique will generally be chosen to achieve the most appropriate proportionality of speed, economy and justice for the specific circumstances that the individual disputant judges to be efficacious. However, particular features required, such as confidentiality, the ability to choose an appropriate technically qualified Neutral, or the requirement for a legally binding precedent may in fact determine the “best” method of dispute resolution for a given situation. To the extent that disputing parties may have very different perspectives, the search for the “best” method for a particular dispute may be elusive. The fundamental thesis of this chapter is that there is no one “best” method of dispute resolution, either for a particular type of dispute, or from a particular protagonist’s point of view. To that extent, the search for the “best” method is illusory.
