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Adjudication and Dispute Boards: The Next Wave in ADR?

by Donald Charrett

Dr Donald Charrett (2009) 35 BDPS News 4; (2009) 3 Buildlaw 16

Contractual adjudication and dispute boards are two methods of alternative dispute resolution (ADR) of construction disputes which have not yet been widely used in Australia, but have been growing in use internationally, particularly over the last decade or so. The two methods have a number of common characteristics. They both aim to provide a speedy and relatively inexpensive resolution of a dispute by means of an impartial determination of the parties’ contractual rights by an independent expert (or experts), without foreclosing the possibility of final binding dispute resolution by means of arbitration or litigation. Dispute boards (DBs) have the additional important aim of avoiding disputes, by providing a forum in which contractual issues can be addressed before they progress to the stage of actual disputes which require formal resolution.

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