Non-adjudicative ADR is used where the parties wish to regain control of the process (as compared to litigation) and the outcome. Examples of this type of ADR are: negotiation, mediation, early neutral/ expert evaluation, and conciliation. This ‘softer’ dispute resolution is most likely to preserve a business relationship between the parties. Although adjudication is seen as less adversarial than litigation, when a Notice of Adjudication is served, this can have a negative impact on the relationship, therefore increasing the likelihood of an adversarial defence. When compared to litigation, the motivations for ADR can include reduced party costs, speed of settlement, choice of forum, control and flexibility of process, and confidentiality. What are the most common causes of disputes in the construction industry? Disputes in the construction industry are common, and like all disputes, they vary in size and complexity, with most centering around money and time. Common causes of
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