STUDY OF NEGOTIATION, MEDIATION, CONCILIATION, ADJUDICATION AND ARBITRATION AND THEIR EFFICIENCY IN RESOLVING DISPUTES AS ALTERNATIVES DISPUTE RESOLUTION METHODS IN THE CONSTRUCTION INDUSTRY IN IRELAND

Abstract

The construction industry is one of the booming businesses which contributes to the economic and social development of Ireland and worldwide. When conflict arises in a construction project it can affect the performance and quality of the works, notwithstanding, disputes are never budgeted, therefore, the key question to ask is what would be the appropriate method for resolving it in an easier, quicker and cheaper way. This paper is an attempt to provide an understanding of the causes of conflict in the Irish construction sector, to explore the current options to access justice through the Alternative Dispute Resolution (ADR) and to evaluate the efficiency of the ADR methods through their costs, duration, outcome, and satisfaction. A questionnaire survey was conducted to professionals of the Irish construction industry which results were presented using statistical tools such as frequency tables, charts and Relative Importance Index (RII) methods. Based on the analysis data, the disputes regarding contractual documentation were the most typical type of conflict in construction, while negotiation was distinguished as the preferred ADR since it was recognised to save time and preserve the business relationships. From the findings, it can be concluded that conflicts in construction remain an object of concern for the industry since can impact monetary matters, reputational considerations and damaged business relationships, therefore, training in organisational management would be helpful to deal with or prevent conflict in construction. This study is addressed to the construction industry and students undertaking construction disciplines. It´s expected to be assistance for the management of conflicts in upcoming construction projects.