The need for education in alternative dispute resolution (ADR) in the construction industry

Abstract

The relative merits of alternative dispute resolution (ADR) over conventional methods of dispute resolution, namely litigation and arbitration, is well documented, but as yet, the various ADR procedures currently available are not being extensively utilized within the construction industry in the UK. The purpose of the present paper was to discover from UK experts in dispute resolution why ADR has not become a more frequently used technique for resolving disputes in the UK construction industry, and to suggest ways in which this problem can be overcome. The findings indicate that there is a lack of understanding of the principles behind ADR and a lack of experience in dispute resolution in general. The findings strongly suggest that the lack of understanding and experience in ADR can best be overcome by educating and training. This should be carried out early on in the working lives of professionals by universities, professional institutions and specialist bodies such as the CEDR.