Construction Claims Consultants

Alternative Dispute Resolution

Why Use Alternative Dispute Resolution (ADR) Instead of Court

19-02-2020

For years the misconception of resolving a dispute is the need to go to court!  In fact, a commercial contract dispute can be resolved with Alternative Dispute Resolution (ADR) which is ‘anything but go to court’ and offers many advantages.  Alternative Dispute Resolution (ADR) typically includes:

Adjudication
Mediation
Arbitration
Expert Determination/Expert Witness

When used appropriately, ADR can:
 
SAVE TIME – Alternative Dispute Resolution (ADR) is generally a lot quicker than court proceedings, with the adjudication process for example generally taking 28 days from the referral to the adjudicator to the final decision, compared to court proceedings which can be lengthy, with cases often taking months or even years to conclude.
 
SAVE MONEY – The cost of ADR is significantly less than court proceedings, court battles are exceedingly expensive and if the dispute is complex using court proceedings can cause serious financial loss.  With ADR you do not require a solicitor or barrister, so this cost is eliminated immediately.  By using an ADR specialist such as Arbicon you ensure time is well spent, with expertise from Chartered Quantity Surveyors with site experience and a high level of understanding the nature of construction law and disputes.   

With court proceedings, only a fraction of costs are often recoverable and the spectre of this possibility before you go to court should be fully appreciated.  The unrecoverable court costs (sometimes 75%) might easily outstrip your claim very quickly and spiral out of control. 
 
REDUCE STRESS – by not having to attend court, and the time and cost associated with it, the level of stress involved is significantly reduced.  
 
KEEP DISPUTES CONFIDENTIAL – disputes are kept private between only the parties involved, unlike court, where the proceedings can become public. 
 
PRESERVE RELATIONSHIPS – often ADR can help to resolve a dispute so that the parties can move on, and often complete the project disputed against, as opposed to court proceedings, where parties are forced to win or lose.


If you have a construction dispute, let us help, Arbicon are a Leading Practice of Chartered Quantity Surveyors and Construction Claims Consultants specialising in Construction Dispute Resolution and Alternative Legal Services (ADR) including Expert Witness.  Get in touch with the team.  



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