THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN THE SETTLEMENT OF CONSTRUCTION DISPUTES IN GHANA-THE CONTRACTORS' PERSPECTIVE

Kodwo Amoa-Abban
2017 International Journal of Advanced Engineering Research and Technology (IJAERT)   unpublished
ABSRTACT ADR is a term used to describe several different methods of resolving legal disputes without going to court. It is mostly classified into four basic types namely negotiation, mediation, conciliation and arbitration. Beyond these basic types, there are the hybrid forms: mediation-arbitration (med-arb), executive tribunal, case evaluation/early neutral evaluation and court ordered arbitration. It was to avoid some of the deficiencies of the court system that arbitration became widely
more » ... n became widely adopted for the resolution of disputes. The adoption was because of its many inherent advantages especially where the relevant dispute was technical. The whole arbitration process is now expensive, time consuming and devoid of privacy and emotional expressions. This paper therefore investigates the various alternative dispute resolution methods that are used in the Ghanaian construction industry and how they contribute effectively towards the settlement of disputes. It also identifies the factors enhancing or limiting the use of alternative dispute settlement methods apart from litigation and binding arbitration. The extent of knowledge and application of the ADR techniques in dispute settlement are also investigated and the most appropriate ADR method that could be most suitable and readily used to resolve construction disputes in Ghana is also recommended.
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