ADR ASSESSMENT- MAHAWADUGE VISHWA 30053286

Compare & contrast adjudication used in construction disputes with the following different
types of ADR – Negotiation, Mediation, and Expert determination. Discuss the positives and
negatives
The preferred way of resolving conflicts in the construction sector without going to court is
Alternative Dispute Resolution (ADR). The progressive and more affordable ADR techniques
include negotiation, mediation, and expert determination. Payment-related problems, such as
those involving interim payments, pay less notices, payment notices, default payments, final
accounts, and retention concerns, are frequently resolved through alternative ADR. Additionally,
it is employed in cases of construction delays, time extension claims, loss and expenditure
(Arbicon,2020). These construction disputes occur between main contractors, subcontractors,
consultants and clients.
One of these ADR mechanisms is negotiation. In a negotiation, the parties
to a dispute come together and attempt to settle it through communication and negotiation.
Negotiation may be used to settle disagreements about a construction project under an existing
contract. In most construction contracts, there is a phased dispute resolution process including
on-site workers, and the project personnel are typically engineers at the decision-making level.
However, engineers are good at analyzing tasks but not much at negotiating skills this can be
identified as one of the major drawbacks of this method. That may become one reason to take
the assistance of legal counsel. If Engineers can improve their negotiation skills this method can
be used to resolve disputes within the site and get back to work in a short period.
ADR in the form of mediation is fully voluntary and confidential. It occurs when a neutral party or
mediator acts as a referee in a disagreement and is skilled at handling contentious negotiations
between two opposing sides. Due to the distinctive characteristics of each construction project,
which include time, cost, quality contract conditions, and the contractual risks associated with
each contract and combined in a special way to distinguish the projects from one another, it is
challenging to resolve disputes through one or two methods. One of the most well-known
alternative dispute resolution techniques is mediation, which has advanced greatly and been
embraced by many nations with sophisticated economies, including the UK. By finding a
compromise for all parties without resorting to litigation, mediation helps to avoid problems from
worsening. Although this is the case, there are still several challenges that must be solved to
successfully execute mediation.
Where the nature of the issue necessitates precise answers to technical concerns, expert
determination is most advantageous. Consider the scenario when you found a structural flaw on
a property. The builders who finished the job, though, are sure that they did it correctly. In that
situation, it would be advantageous to consult an expert to evaluate the flaw. In this condition,
expert determination comes to play. These experts give a solution relying on the technical
aspects. If the losing party do not ok result outcome, the dispute has to take to court. Therefore,
the third party who joined for the expert determination should be an expert in this field. To
minimize such contradictions.
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 ADR ASSESSMENT- MAHAWADUGE VISHWA 30053286

References
1. Arbicon (2020) Available at: https://arbicon.co.uk/services/alternative-dispute-resolution
[Accessed 4 December 2022].

2. Galloway, P., 2013. Engineering a Successful Negotiation. Journal of Legal Affairs and
Dispute Resolution in Engineering and Construction, 5(1).
Available at: https://ascelibrary.org/doi/abs/10.1061/(ASCE)LA.1943-4170.0000097
[Accessed 3 December 2022].

3. Saem Aldaher, Y (2020) HOW TO PROMOTE MEDIATION OF CONSTRUCTION

DISPUTES IN THE UAE, MSc Thesis, The British University
Available at: https://bspace.buid.ac.ae/handle/1234/1739
[Accessed 3 December 2022].

4. Tran, C., 2021. Legalvision. [Online] Available at: https://legalvision.com.au/alternative-

dispute-resolution-what-is-expert-determination/
[Accessed 4 December 2022].

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