Opportunities and challenges in conducting virtual Alternative Dispute Resolution (ADR) methods in the Sri Lankan construction industry

Abstract

The Covid-19 pandemic has created a new norm in which technology is at the forefront of keeping the globe running and rebuilding better after the crisis. Several countries practiced virtual ADR during the pandemic than in the pre-pandemic situation, and the virtual shift has gained traction. The research aims to explore the potentiality of the ADR methods in the virtual platform for the settlement of the dispute and make recommendations for effective legal implementation of those methods in the Construction Industry in Sri Lanka. The research aim was achieved through a qualitative approach; collected data through two stages: a preliminary interview and a semistructured interview with experts and finally analysed with manual content analysis. Key research findings are the opportunities and challenges to implement and conduct ADR in the virtual platform in the Sri Lankan construction industry. In addition, the strategies were collected to identify the potentiality of virtual ADR. The research concludes that the blended approach is suitable for Sri Lanka and the entire virtual ADR is not suitable. The entire virtual ADR shall be potential for Sri Lanka if all the opportunities are utilized and all the strategies are followed. As the virtual ADR is a game-changer for the SL construction industry, regulatory bodies and arbitration institutions must take initiatives to implement and conduct virtual ADR successfully in the future.