Construction dispute resolution is the process of resolving the issues or disputes between two or more different groups or parties. The dispute can be between the individuals, employees, or the government. The disputes between the parties generally occur due to the difference in thoughts or differences in opinions.
The highest disputes are in the construction companies. It is very important to resolve the construction disputes as if the disputes are not resolved then it will directly reflect on the construction which can cause huge trouble in the future.
Hence we will try to find out the best construction dispute resolution techniques here.
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Mediation
It is a very important process in construction dispute resolution. In this process, the parties among which the disputes are going on, consult a person who is not from either of the parties in which the disputes are being held.
The person whom the parties consult for mediation is known as a mediator. As the Mediator does not belong to either of the parties in the dispute. Hence, it is expected from the mediator that he or she will not give a biased decision in order to resolve the dispute.
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The mediator talks with each party separately and then finally make a decision regarding the dispute. It is even expected from the parties that they should respect the decision of the mediator.
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Arbitration
It is the most general process used for construction dispute resolution. In this process, the judge takes the decision of the disputes which are being held between the parties.
It is expected that the judge should be neutral and not belong to any of the parties. The parties involved in the disputes can hire lawyers in order to put their opinion in front of the arbitrator.
Also, the work of a lawyer in this process is to prove that the point which is kept in front of the arbitrator is correct. The lawyer of both parties tries to express themselves and keep their opinion in front of the arbitrator.
The decision made by the arbitrator cannot be appealed to or questioned by anyone. This process is not very expensive hence it is used by most people for dispute resolution.
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Litigation
This is the process of taking the dispute to the court. This method is often used for construction dispute resolution. In this method, the third party is the judge or the jury i.e. the group of people who takes the decision in order to resolve the disputes between the parties.
Litigation generally means settlement.
In this process, the lawyers of both parties try to prove their points right in front of the judge or the jury. The lawyers have the authority to extend the date of the dispute resolution process or settlement in order to collect the evidence or proof to prove the point of the opposite party wrong.
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Negotiation
This is the very basic method that should be followed for construction dispute resolution. In this method the parties among which the dispute is being held conduct a meeting in which the most important members or representatives from all the parties involved.
In this meeting, the representatives discuss their problems and put their opinions in front of the opposite parties. The parties try to settle their disputes or try to find a solution to finish their dispute among themselves.
As, the parties do not have to consult a lawyer, jury, or judge this process is free of cost. This is the most flexible process because this process can be continued even if the other processes like Ligation, Arbitration, Mediation, etc are going on.
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Expert Determination
This is the cheapest process for dispute resolution and it does not cost much money to resolve the dispute. If the parties decide to completely settle the dispute then most of the parties use this dispute resolution technique to finally resolve their disputes.
This process is generally used for construction dispute resolution and to resolve disputes of specialist nature. This is an informal process. It is a very fast technique for resolving the dispute.
Most people avoid this process because the expert is not tied with the legal processes hence the decision of the expert cannot be questioned. The expert’s decision cannot be followed by the parties with the court proceedings or the arbitration. In this process, the parties make the contract first that they will respect the decision made by the expert.
Conclusion
If the people are working together in whichever field it is obvious that the difference in thoughts of the people would arrive. But the people should try to resolve the disputes themselves as it affects the quality of work.
