Critical Review of Adjudication and Mediation Methods of Dispute Resolution In Terms Of Time, Costs, Effectiveness and the Overall Interests of the Parties (Published)
This paper identifies the positive and negative aspects of adjudication and mediation as alternative methods of construction dispute resolution to arbitration and litigation. Upon examination of relevant literature, judicial findings, and anecdotal evidence, it is evident that adjudication and mediation have proven to be less adversarial and more efficient and cost effective approaches to resolving disputes in the Industry. With the recent improvements in the adjudication process, these have resulted in reducing the incidence of court hearings, and maintaining a working relationship between contracting parties for present and future project purposes. This research information will allow parties in dispute situations to understand such aspects, and make an informed decision as to which dispute resolution process may best suit their interests, and the interests of those concerned.
Keywords: Adjudication, Adjudicator, Arbitration, Cash flow, Claim, Construction Act, Contract, Cost, Dispute, Jurisdiction, Litigation, Mediation, Mediator, Natural Justice, Notice, Scheme, Summary Judgement, Time, Without Prejudice