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International Construction Law Review

APPROPRIATE ADR—IDENTIFYING FEATURES OF CONSTRUCTION DISPUTES WHICH AFFECT THEIR SUITABILITY FOR SUBMISSION TO ADR

DR PENNY BROOKER AND PROFESSOR ANTHONY LAYERS

Department of Law, School of Social Sciences and Law, Oxford Brookes University and Centre for Real Estate Management, School of Architecture, Oxford Brookes University

ABSTRACT

The United States is widely regarded as the initial source of the current preoccupation with Alternative Dispute Resolution (ADR) as an alternative to the formal processes of litigation, and its construction industry is considered to be at the cutting edge of experimentation with its use. Research in the United States has produced evidence that particular determinants of construction disputes can reduce the likelihood of reaching a settlement outcome. Specific features of either the dispute or the ADR procedure have been identified as making ADR an appropriate or unsuitable choice of dispute resolution process. In the United Kingdom, the courts are now required to direct the parties towards ADR in appropriate cases, which is likely to lead to an increase in its use. This article analyses the findings of empirical investigations into the use of ADR in the US construction industry, and comparisons are drawn with data produced from a survey of the attitudes that exist concerning the appropriateness of ADR in the UK construction industry.

INTRODUCTION

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