Arbitration was the traditional default method of dispute resolution for the construction industry. However, the development of ADR, changes to the civil procedure rules and case management in the Technology and Construction Court, together with the huge impact of adjudication have changed the landscape of construction dispute resolution. In this paper, Nicholas Gould considers those recent trends in dispute resolution. It breaks a general overview of the range of dispute resolution techniques that are available in the industry. The key dispute resolution techniques are examined, including: negotiation, mediation and conciliation, adjudication, arbitration and litigation. Hybrid processes such as med–arb and dispute escalation clauses are also considered.
Victoria Russell provided a case law update paper and talk to the members of the South East branch of the Chartered Institute of Arbitrators discussing the most recent decisions relating to adjudication enforcement and arbitration.