Dispute Resolution Methods in Construction PDF

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JubilantGrossular6862

Uploaded by JubilantGrossular6862

Cape Peninsula University of Technology

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dispute resolution construction industry negotiation alternative dispute resolution

Summary

This document outlines different methods of dispute resolution commonly used in the construction industry. It details negotiation, mediation, arbitration, and adjudication, providing an overview of each process and its application. A better understanding of these approaches can help stakeholders effectively resolve conflicts and achieve mutually agreeable outcomes.

Full Transcript

# Dispute Resolution Methods in the Construction Industry ## 1. Negotiation - The first step in resolving disputes - Parties involved sit down and discuss their issues constructively - Aims to reach a mutually acceptable solution - Flexible and informal process - Allows for creative problem-solvin...

# Dispute Resolution Methods in the Construction Industry ## 1. Negotiation - The first step in resolving disputes - Parties involved sit down and discuss their issues constructively - Aims to reach a mutually acceptable solution - Flexible and informal process - Allows for creative problem-solving and can help preserve relationships between parties ## 2. Mediation - Voluntary and confidential process - A neutral third party, known as a mediator, assists parties in reaching a resolution - Does not impose a decision - Assists communication effectively and exploring possible solutions - Faster and less expensive than litigation - Can result in satisfactory outcomes for all parties ## 3. Arbitration - More formal dispute resolution process - Parties agree to have their dispute resolved by a neutral third party, known as an arbitrator - Arbitrator makes a binding decision based on evidence presented by parties - Less time-consuming and costly than litigation - Parties have more control over the process and outcome - Decision is final and legally binding - Arbitrator must act fairly and impartially - Court can intervene if the arbitrator does not act fairly ## 4. Adjudication - A dispute resolution process commonly used in construction contracts - Involves a neutral third party, known as an adjudicator, making a provisional decision within a specified timeframe - Binding on the parties unless overturned by arbitration or litigation - A quick and cost-effective way to resolve disputes in the construction industry

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