A Study on hybrid versions of alternative dispute resolution methods in Sri Lankan construction industry

Abstract

The construction industry in Sri Lanka is faced with numerous challenges related to the resolution of disputes. Traditional litigation processes are often time-consuming, costly, and adversarial, causing significant delays and financial losses for all parties involved. In response, alternative dispute resolution (ADR) methods have gained popularity as more efficient and collaborative approaches to resolving conflicts. This study explored the appropriateness of using Hybrid Alternative Dispute Resolution methods in the Sri Lankan construction industry. The study commenced with an extensive literature review to identify existing hybrid ADR methods in construction industries globally and highlight their potential benefits and drawbacks. This provided a foundation for developing a conceptual framework for hybrid ADR methods tailored to the Sri Lankan construction industry. Semi-structured interviews were conducted with a purposive sample of 15 participants who had frequently engaged in dispute resolution. The study gained in-depth insights into the advantages, challenges, and overall satisfaction with Hybrid Alternative Dispute Resolution methods and participants’ recommendations for improvement. Content analysis was applied to the interview data. The key advantages identified by the participants included time efficiency, cost efficacy, privacy and confidentiality, neutrality and impartiality, having greater control over the process, and maintenance of a healthy business relationship. However, the respondents also emphasized the challenges in applying Hybrid ADR methods, such as lack of awareness concerning Hybrid ADR methods, absence of a dedicated institution or a statutory body, and lack of trained professionals. They also made necessary suggestions and recommendations for improving the use of Hybrid Alternative Dispute Resolution methods.