Alternative dispute resolution (ADR) methods help parties resolve issues efficiently, cost-effectively, and without the need for lengthy litigation in court.
Many building contracts and contracts for architects' services contain clauses that provide for disputes to be resolved by arbitration, adjudication or mediation. Frequently, RIBA is named in these contracts as the Approved Nominating Body. As an Approved Nomination Body (ANB) RIBA can arrange the appointment of Arbitrators, Adjudicators, Mediators and Third Party Opinion professionals through RIBA's alternative dispute resolution (ADR) process. We also hold a register of RIBA Expert Witnesses who you may contact directly should you require an Expert Witness.
The contractual terms as well as the nature and value of the dispute will determine which ADR process is most suitable for the situation. Where there is no contractual ADR agreement, the parties may agree, after a dispute has arisen, that they wish it to be resolved by an appropriate ADR process and that the matter be referred to a person appointed by RIBA. In such a case either or both parties can request RIBA to make an appointment.
RIBA maintains a panel of around 70 expert arbitrators, adjudicators mediators and Third Party Opinion Professionals. The panel is drawn from professionals across the construction industry including architects, surveyors, engineers, construction consultants and construction lawyers, allowing for every type of dispute to be dealt with by a specialist in the field.
Adjudication is intended to quickly resolve construction and contractual disputes, usually within 28 days of the Adjudicator鈥檚 nomination. The Adjudicator鈥檚 decision may be challenged in court, however the Adjudicator鈥檚 decision is binding on the parties until such time that it may be overturned by the court.
Arbitration may be an appropriate ADR process in the case of disputes which involve complex issues. The decision of the Arbitrator is binding on the parties and whilst it can be a lengthy process it is likely to be more cost-effective than lengthy litigation in court.
Mediation is a non-binding process and is undertaken with the consent of both parties. A mediator works with both parties to a dispute to help them reach a consensus on their own.
Mediation allows the parties the freedom to explore ways of settling the dispute with the assistance of an impartial and independent person (the mediator). It is essentially a process in which the mediator assists in negotiations between the parties to arrive at a settlement.
The Fixed-fee Mediation Scheme is suited to disputes (generally of a relatively low financial value) where the matter can reasonably be expected to be resolved in a
relatively short timescale. It is only suitable where the parties have a genuine wish to settle.
Third Party Opinion
Third Party Opinion is an alternative to more established dispute resolution procedures. It involves an independent professional being appointed on behalf of the parties to provide a professional opinion and recommendation for settlement.
Third Party Opinion is suited to disputes concerning matters of valuation or of a technical nature such as the performance or installation of a product or service, where the matter can reasonably be expected to be resolved in a relatively short timescale. It is a procedure entered into by consent, rather than forming part of the contract terms.
Making an application for Dispute Resolution
Adjudication
To request an adjudicator to be nominated please complete the . The standard administration fee, payable to RIBA, is 拢480 (incl. VAT); the administration fee for adjudication under the JCT Homeowner/Occupier contract or RIBA Domestic contract is 拢240 (incl. VAT); and the administration fee under the CIC Low Value Disputes Model Adjudication Procedure (CIC LVD MAP) is 480 (incl. VAT). The Adjudicator鈥檚 fees will be confirmed by the Adjudicator directly with the parties.
It is important to remember that the adjudication process is bound by strict timeframes which must be met in order for the adjudication process to be valid. Please ensure the serving of the Notice and completed application comply with the following timeframes.
- Check that there is a right to adjudication: does the dispute definitely arise out of a construction contract?
- Serve Notice on the responding party
- After you have served Notice, send the completed application form, proof of payment, a copy of the contract under dispute and a copy of the Notice served to adjudication@riba.org
- RIBA will appoint an Adjudicator to act within seven days of the date that you served Notice (NOTE: an adjudicator must be appointed within seven days of the date on which you serve Notice for the process to be valid, therefore it is important that you send a copy of the application form as soon as possible after serving Notice).
- The Adjudicator will provide their decision within 28 days (21 days for disputes under the JCT Homeowner/Occupier contract or RIBA Domestic contract) * of the date of nomination.
* the adjudicator, with the consent of the parties, may extend the period by up to 14 days.
Further information
For further general information on the adjudication process as a whole, see the guide to adjudication published by the CIC.
Arbitration
To request an arbitrator to be appointed by RIBA President, please read the guidance note on completing an application and complete the application form for RIBA President appointed arbitrator. The administration fee, payable to RIBA, is 拢480 plus VAT in respect of an application. The Arbitrator鈥檚 fees will be confirmed by the Arbitrator directly with the parties.
A Statement of Particulars Form is also required with your application form, this enables RIBA to select a suitable person for appointment and should include a brief outline of the matter in dispute.
- For disputes between the Client and the Contractor please complete this
- For disputes between the Contractor and Subcontractor please complete this
- For disputes between the Client and the Architect, please complete this
For further information and guidance on the arbitration process see our guidance note on the Arbitration Procedure
Mediation and Fixed-fee Mediation
To request a mediator to be nominated, please complete the .
To request a mediator under the Fixed Fee Mediation Scheme please complete the .
The administration fee, payable to RIBA, is 拢300 (incl. VAT) in respect of an application for Mediation and 拢180 (incl VAT) in respect of an application for mediation under the Fixed Fee Scheme. The Mediator鈥檚 fees will be confirmed by the Mediator directly with the parties, whereby both parties are jointly and severally liable for fees and costs.
For further information on our RIBA Mediation Scheme please see our .
For further information on our RIBA Fixed Fee Mediation Scheme please see our .
Third Party Opinion
To request a Third Party Opinion professional to be nominated, please complete the application form. The administration fee, payable to RIBA, is 拢50 plus VAT in respect of an application for Third Party Opinion. The Third Party Opinion professional鈥檚 fees will be confirmed by the professional directly with the parties and will be in accordance with RIBA guidance on fees.
For further information on RIBA's Third Party Opinion scheme, including costs and procedures, please see our .
Expert Register
When contemplating dispute resolution or litigation, it may be useful to obtain an expert view of your situation. Alternatively, you might require an expert report or expert witness to support your case.
RIBA holds a , including a detailed CV for each expert, who can provide these services.
Disclaimer
RIBA, its servants or agents, shall not be liable for anything done or omitted in respect of an application for dispute resolution services unless the act or omission is shown to have been in bad faith. RIBA shall not be liable for anything done or omitted by any person nominated, their servants or agents, whether in the discharge or purported discharge of their functions as adjudicator or otherwise.
