Alternative dispute resolution is the process of construction dispute resolution which is processed without litigation. Alternative dispute resolution generally includes Arbitration, mediation, and negotiation. The Alternative dispute resolution or ADR is being highly used by the high profile laborers in construction disputes in order that they should not result in litigation.
Alternative dispute resolution is being accepted by most of the people who get involved in disputes such as employees, laborers, and so on.
Alternative dispute resolution or ADR has many forms of being processed. Let us look at some of the forms of alternative dispute resolution:-
This is the process in which the construction dispute resolution is done by the third party. It is expected by the two parties in the dispute that the third party which is going to make the decision of the dispute, is neutral and makes the fair decision.
The third-party assumes that the parties in the dispute are willing to settle the dispute. Hence, the third neutral party works with all the parties in the dispute and tries to find out the solution for the dispute in order to resolve the dispute.
Facilitation is generally done by telephonic conferences, written correspondence, or via Emails.
Mediation is the process of construction dispute resolution in which the settlement of the dispute is done by the Mediator who makes neutral decisions in order to resolve the dispute among the parties.
The Mediator gives the chance to the parties to speak for themselves and keep their point. The mediator makes the decision that is best suitable for all the parties in the dispute in order to resolve the dispute.
Mediation is the process generally used when the disputes are the aim of the parties is not only to resolve the dispute but also to preserve the relationship amongst them.
Arbitration is the process of construction dispute resolution in which the arbitrator hears and goes through the arguments and the evidence provided by the parties during the argument and provides the decision in order to resolve the dispute.
Arbitration is the process of Alternative dispute resolution or ADR that does not give the parties in dispute to access the decision making. There are two types of arbitration which are binding arbitration and non-binding arbitration.
The binding arbitration means that the parties in dispute have agreed through an agreement that they will not appeal to the decision of the arbitrator. The non-binding arbitration means that the parties can appeal the decision of the arbitrator if it is non-favorable.
- Neutral evaluation
It is the process of the construction dispute resolution in which the decision in order to settle the dispute is taken by the neutral third party. The person who gives the opinion in order to settle the dispute makes his or her decision on the basis of the evidence and strengths and the weaknesses of all the parties in the dispute. This process is generally used when there is no personal or emotional barrier in order to reach a settlement for the dispute.
- Settlement conferences
This is the process of construction dispute resolution and also one of the types of alternative dispute resolution in which the neutral person tries to assist the solution in order to settle the dispute.
In this process, it is not important for the parties to follow the decision of the judge or the referee. The work of the judge or the referee in this process is to just assist the parties in the dispute to make the settlement in the dispute on the basis of the strengths and weaknesses of the parties.
The judge also tries to identify the key for the dispute between the parties and try to resolve it.
- Community dispute resolution program
In most places, there are community dispute resolution centers. In which there are trained staff in order to resolve the dispute amongst the parties. This type of Alternative dispute resolution is better than the costly court proceedings in order to resolve the dispute.
This type of alternative dispute resolution is used to resolve public and private disputes like business dissolutions, landlord/tenant, public education, and so on.
This is the type of construction dispute resolution and the type of alternative dispute resolution which is the mixture of both arbitration and mediation.
In this process of dispute resolution, both mediation and arbitration are practiced at the same time. In this process, the neutral person starts as the mediator between the two parties in order to make the decision to resolve the dispute.
The arbitrator will provide the parties with a binding decision at the end of the procedure. As this is a mixture of arbitration and mediation, this process contains the benefits of both.
- Mini trial
As the name suggests this process is not much like the trial as it is the dispute resolution process. In this process, the parties in the dispute try to settle their dispute by putting their point of view about the case in front of the opposite party.
If the parties in the dispute fail to find the solution for settling the dispute, a mediator can go through the case of the dispute and can provide the parties with the solution in order to settle the dispute. The mini-trial is the most different and unique type of alternative dispute resolution.
- Summary jury trial
It is also known as SJT. This process of alternative dispute resolution is the same as the Mini trial. In this process, the decision of the dispute amongst the parties is taken by the group of people which is known as the jury.
The duty of the jury is to provide the advisory decision for the dispute amongst the parties. The summary jury trial is ordered by the court. It is expected by the court that the parties should attempt to settle the dispute before the litigation process starts.
These are some of the types of alternative dispute resolution. As per the increasing competition in today’s world, there are many disputes being occurred between the parties. In order to resolve the disputes, the dispute resolution technique is decided on the basis of the type of dispute between the parties.