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  • Essay / Construction Dispute Resolution Trends - 2054

    MGMT311Construction Dispute Resolution TrendsIntroduction10% of the UK's gross national product is accounted for by construction activity , which means that there are many methods of dispute resolution and they come in a wide variety of flavors. 35 years ago, “alternative dispute resolution” did not exist (Gaitskell says 27 years, but the document was written in 2005…), and the term “dispute resolution” was rarely used. The only forms of dispute resolution regularly used were court litigation and arbitration. In isolated cases there may be an expert decision. These are all final decisions, subject to appeal only in limited circumstances. Over the last 10/18 years a range of new dispute resolution procedures have become available, particularly in the construction sector. These new procedures do not generally give rise to a final decision in the same way as a dispute, arbitration or expert opinion. These are primarily processes that parties can use if they wish, in order to avoid a final decision by a court, arbitrator or expert. These new procedures have been widely adopted in the UK and overseas, as they provide parties with the opportunity to control and reduce the dangers associated with determination procedures; namely the cost, time and uncertainty of the outcome. The seven types of dispute resolution presented in this article fall naturally into two categories. panelsFinal determination proceduresJudicial litigationFor the purposes of construction litigation, "judicial litigation" means trials in what was known as the formal...... middle of paper...... any incipient dispute . This generally prevents a dispute from escalating into arbitration. The decision taken is only temporarily binding and may be contested by a party, who must then contact the arbitral tribunal. However, dispute resolution committees have a good track record: approximately 97% of disputes submitted are never referred to arbitration or litigation. The use of dispute resolution committees began in the United States in the 1970s and was adopted by the International Federation of Consulting Engineers (FIDIC) in the mid-1990s. The ICE published its rules relating to dispute resolution committees dispute resolution in 2005, and their use is expected to expand further. Conclusion Overall, the number of construction arbitrations and court cases has decreased, by around a third in recent years, due to the combined effects of the CPR on court disputes. , arbitration and mediation. This is mainly due to the obvious attractions of relatively low costs and high speed..