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Essay / Research Paper Abstract
A paper which considers the relative merits of different processes of dispute resolution in the construction industry, with particular reference to ADR as a cheap and effective way of resolving conflicts quickly. Bibliography lists 5 sources
Page Count:
3 pages (~225 words per page)
File: JL5_JLadjcon.rtf
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and efficient dispute resolution is important in the construction industry, and why it is therefore important to consider all available methods, such as adjudication and arbitration, before utilising the one
which is best suited to facilitating the settlement of disputes as effectively as possible. Beale and Co (2004) make the point that where adjudication is concerned, there is often room
for error: in some cases the adjudicator has not maintained the requisite neutrality, for instance, or has not ensured that the case is presented in the proper way.
Adjudication is a process which is supported by the courts, and therefore it
is important that the procedure is carried out correctly. However, as Beale and Co also point out, the courts are in general keen to uphold decisions by adjudicators even if
the decisions contain errors, provided the actual outcome is considered to be fair. As noted by the Adjudication Society (2004), this is a comparatively recent method of resolving disputes, and
is generally seen as a possible alternative to other methods (such as conciliation and arbitration) rather than being intended to replace them. The Scottish Executive (2004) points out that the
inclusion of a right to adjudication in construction contracts was intended to give a fast, cheap and neutral way of resolving disputes which might arise in the course of the
execution of the contract and was for the most part viewed favourably by the industry itself.
The American Arbitration Association (2004) notes that if there is no such system in place, then disputes have to be settled at the
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