Dispute Resolution Methods in Construction PDF
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Uploaded by JubilantGrossular6862
Cape Peninsula University of Technology
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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.
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# 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