Dispute Resolution in Construction
Expert-defined terms from the Professional Certificate in Construction Legal Compliance (United Kingdom) course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
**Adjudication** #
**Adjudication**
In the context of construction disputes, adjudication is a statutory process for… #
Introduced by the Housing Grants, Construction and Regeneration Act 1996 (as amended), adjudication provides a quick and cost-effective means of resolving disputes, with decisions typically being reached within 28 days.
**Adjudicator** #
**Adjudicator**
An adjudicator is an impartial third party appointed to resolve a construction d… #
Adjudicators are typically experienced construction professionals, such as architects, engineers, or surveyors, who have undergone specific training to become adjudicators.
**Adjudication Notice** #
**Adjudication Notice**
An adjudication notice is a formal document that sets out the details of a const… #
The notice must be served on the other party to the dispute and must specify the nature of the dispute, the parties involved, and the relief sought.
**Alternative Dispute Resolution (ADR)** #
**Alternative Dispute Resolution (ADR)**
Alternative Dispute Resolution (ADR) is a collective term used to describe a ran… #
ADR processes include adjudication, arbitration, mediation, conciliation, and early neutral evaluation.
**Arbitration** #
**Arbitration**
Arbitration is a process for resolving disputes in which an impartial third part… #
Arbitration is often used in construction disputes as it provides a more flexible and confidential alternative to litigation.
**Arbitrator** #
**Arbitrator**
An arbitrator is an impartial third party appointed to resolve a dispute through… #
Arbitrators are typically experienced construction professionals who have undergone specific training to become arbitrators.
**Conciliation** #
**Conciliation**
Conciliation is a form of Alternative Dispute Resolution (ADR) in which an impar… #
Unlike mediation, the conciliator may put forward proposals for settlement.
**Early Neutral Evaluation** #
**Early Neutral Evaluation**
Early Neutral Evaluation (ENE) is a form of Alternative Dispute Resolution (ADR)… #
The evaluation is non-binding and is intended to assist the parties in reaching a settlement.
**Expert Determination** #
**Expert Determination**
Expert determination is a process for resolving disputes in which an impartial e… #
Expert determination is often used in technical disputes, such as those involving design or construction issues.
**Mediation** #
**Mediation**
Mediation is a process for resolving disputes in which an impartial third party,… #
Unlike adjudication and arbitration, mediation is a non-binding process and the mediator does not make a decision or impose a solution.
**Mediator** #
**Mediator**
A mediator is an impartial third party appointed to assist the parties in reachi… #
Mediators are typically experienced construction professionals who have undergone specific training to become mediators.
**Parties** #
**Parties**
In the context of construction disputes, parties refer to the individuals or org… #
This may include the employer, the contractor, subcontractors, and suppliers.
**Statutory Right to Adjudication** #
**Statutory Right to Adjudication**
The statutory right to adjudication is a right conferred on parties to a constru… #
The right allows parties to refer disputes to adjudication at any time during the construction process, and the adjudicator's decision is binding unless and until challenged in court or arbitration.
**Without Prejudice** #
**Without Prejudice**
Without prejudice is a legal term used to describe communications made in an att… #
Without prejudice communications are confidential and cannot be used as evidence in court or arbitration, except in certain limited circumstances.