Lawyer Monthly - May 2024

Andrew Reid What is construction alternative dispute resolution? Construction alternative dispute resolution (ADR) is a variety of methods to conclude construction disputes in a less adversarial formal process (such as litigation), either on a temporary or finally binding basis. ADR is not new, with mediation appearing in ancient times – developed in Ancient Greece, then in the Roman civilization. ADR can be adjudicative or non-adjudicative. Adjudicative ADR is where a neutral third party is appointed to determine a dispute and provides more flexibility and privacy than litigation. The parties retain more control of the dispute (than with litigation), and a significant factor is who is appointed to determine the dispute (as with litigation, the judge is appointed). Some examples of adjudicative ADR methods are arbitration, adjudication, and expert determination. In all three of these methods, the parties have a degree of control over the appointment of the thirdparty neutral, selecting with a skill set and experience (and availability) best suited to hear and determine the dispute. Andrew D. Reid is an Adjudicator, Chartered Quantity Surveyor, Chartered Construction Manager, and NEC4 ECC Accredited Project Manager with experience in Private Practice, Development and Main Contracting industries. He provides claims, contract, and dispute resolution (adjudication) services (as adjudicator or party representative) provided in Scotland, England and Wales. He is also a RICS Assessor and Counsellor. He also has experience as a Tribunal Secretary in a large complex international arbitration, with his involvement spanning four years. Lawyer Monthly recently caught up with Andrew to discuss construction disputes and how to resolve them. An Interview with... Exploring UK Construction Disputes and Alternative Dispute Resolution 4 LAWYER MONTHLY MAY 2024

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