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Alternative dispute resolution, explained.

Alternative dispute resolution (ADR) covers the ways of settling a dispute without a trial in court. The guides below explain each process as it applies to building and construction disputes in South Africa.

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Choosing a dispute resolution process

A comparison of the main processes: who decides, whether the outcome binds and when each is used.

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Agreement-based processes

The parties decide the outcome themselves.

Negotiation

Direct discussion between the parties or their representatives.

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Mediation

A neutral facilitator helps the parties reach agreement.

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Conciliation

A neutral who may also propose terms of settlement.

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Decision-based processes

A third party decides the dispute.

Adjudication

A quick, usually interim-binding decision by an adjudicator.

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Arbitration

A private hearing and a final, binding award.

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Expert determination

An expert decides a technical or valuation question.

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Dispute boards

A standing panel appointed for the life of a project.

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Supporting a dispute

Expert witness

An independent opinion for a court, arbitrator or adjudicator.

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Avoiding construction disputes

Records and practices that reduce the risk of a dispute.

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