ABSTRACT
Traditionally, dispute resolution meant resort to the courts with the attendant delay, costs and frequently unsatisfactory results. Especially in a construction setting, the complexity of disputes has inevitably increased the expense and delay of both litigation and arbitration. This chapter explores the current trend towards an alternative form of dispute resolution originated in the United States, where a number of court-related factors contributed to the development of Alternative Dispute Resolution (ADR). The 'conventional' dispute resolution model is the one most frequently accomplished through the court system. Litigation is a backward-looking process. It is a retrospective enquiry aimed at ascertaining the truth about facts relevant to the dispute to which legal principles are then applied. In the UK, rather than use of the UNCITRAL Model Law on international and commercial arbitration or other forms of rules. Normally in the UK, an arbitrator obtains its powers from the agreement between the parties and the applicable rules and the Arbitration Act 1996.
