This is a method of conflict resolution that attempts to reach a solution that all parties involved are comfortable with, by approaching an arbitrator and presenting the dispute in question. Evidence is provided and both sides have an opportunity to present their own argument, which is then assessed by the arbitrator and a decision is reached.

All parties involved must have agreed, prior to arbitration, that they will adhere to whatever decision is made by the arbitrator.

There is a specific process that must be followed if two or more parties involved in a dispute decide to use arbitration as a form of conflict resolution. Firstly, all parties must submit a written agreement that they will provide any necessary evidence or arguments, as well as understand that whatever decision made by the arbitrator is final.

The parties will have usually been referred to mediation first, and if this does not work then they will attempt arbitration. An arbitrator will then be appointed, and all parties involved will have a preliminary meeting where the dispute is outlined. Each party will then have an opportunity to present their argument and any evidence in support of their side, so that the arbitrator has everything they need to make a fair assessment.

There will then be an official hearing, where the arbitrator makes their decision. This decision is final and generally cannot be appealed, unless very specific circumstances apply.

To cause minimal disruption to any ongoing projects and minimise the damage for all parties involved, construction arbitration can usually take up to 45 days to find a resolution. However, there may be unique circumstances that mean this process can be both longer or shorter.

The timescale can be unique to the dispute and is usually set by the parties involved in the preliminary stages of any conversations.

Our construction dispute resolution solicitors are experienced in helping businesses to find resolutions that work for all parties involved, including with the use of arbitration. At Forbes Solicitors, we can provide you with highly quality legal professionals who specialise in construction disputes and are trained in methods of conflict resolution. Get in touch with our expert team to find out more.