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Law of Construction Disputes, The

CHAPTER 14


Page 371

Dispute resolution

Traditionally, dispute resolution meant resort to the courts with the attendant delay, costs and frequently unsatisfactory results. Especially in a construction setting, the complexity of disputes has inevitably increased the expense and delay of both litigation and arbitration. There is increasing interest in various other ways in which these conflicts could be resolved. Such possible avenues are known collectively as “Alternative Dispute Resolution” (ADR).1 The current trend towards an alternative form of dispute resolution originated in the United States, where a number of court-related factors contributed to the development of ADR, which included:

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