Most appropriate dispute resolution strategy for Sri Lankan construction industry

Abstract

With the surge of increasingly complex and fast-track construction projects, disputes are inevitable. Skills in dispute resolution should be part of the tool kit of any practitioner in a managerial position. However, the last decade evidenced the incorporation of increasingly complex dispute-resolution clauses in construction contracts, typically involving several alternative dispute resolution (ADR) techniques and arbitration arranged in sequential tiers. While the industry followed the standard guidelines, it was not clear what exactly the industry expect from the resolution process. In this study, a hierarchical model is developed to organise attributes of ADR processes. This hierarchical presentation fits with the use of analytical hierarchy process methodology by a group of experts to prioritise ADR process attributes. Frequently the question is how to select the most appropriate resolution method that can fit well with the disputing parties' needs. Hence, dispute resolution strategy selection model is developed in this research based on the above AHP results. The Model is considered beneficial to the industry, as it provides construction professionals with a systematic and objective approach in the selection of ADR methods for Sri Lankan construction project disputes.