Problems, preferences and processes related to dispute resolution in construction in South Africa

Abstract

The aim was to identify and compare various dispute resolution methods and communication problems, the preferences of professionals and suggested processes. Literature of alternative dispute resolution (ADR) methods was reviewed and two studies were conducted to understand the problems, preferences and processes related to dispute resolutions. One was a case study where disruptions lead to misunderstandings and to arbitration procedures. The other study was done through a questionnaire handed to quantity surveyors. Communication to deal with differences and claims forms part of their work routine. Results identified an ADR approach to select methods to isolate the preferred and effective resolution method. Communication problems and elements for dispute resolution strategies were identified and were used to propose a model. The results of this study may assist the construction industry to select the most appropriate process. The model may further assist parties to solve differences amicably.