Alternative dispute resolution procedures used to resolve construction disputes in the UK
Klein, Howard
Due to the cost and time spent in Litigation and Arbitration prior to the 1996 Arbitration Act and as at the early 19900s Arbitration was incorporated into the vast majority of construction contracts (in excess of 98%) there was an industry of advisors and lawyers serving the construction industry on resolving disputes. At one time it was considered that the construction industryys costs were increased by approximately 25% because of the cost of resolving disputes emanating from construction contracts. Therefore during the 1980s and 1990s alternative forms of dispute resolution were formulated and Arbitration was overhauled to become a more effective dispute resolution procedure enabling the Arbitrator to manage the timetable and costs of Arbitration more effectively. These were incorporated into the Arbitration Act 1996. Furthermore, some of the professional institutions that serve the construction industry also formulated alternative dispute resolution procedures aimed at resolving disputes promptly and in relative terms, more cheaply than Arbitration or Litigation and these are also available to be incorporated into construction contracts to use as a tool to resolve disputes.
Event: XXIII International FIG Congress : Shaping the change
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