The construction industry is finding success in the use of Alternative Dispute Resolution (ADR) practices to resolve disputes.

David McCutcheon, a litigation and dispute resolution partner at Fraser Milner Casgrain LLP (FMC), says that “the construction industry has adopted ADR practices in a way that a lot of industries have not.” His clients, who are often contractors involved in construction projects, find that using ADR saves them a lot of time and money.

ADR provides quick solutions, and “the ADR process is also really imaginative,” says David. “People come with solutions to problems in an ADR process that they wouldn’t come up with elsewhere. As well, if you want something to be confidential, you can make it confidential.”

According to David, despite all the perks of ADR, there are some things that will never replace the traditional court system. In the case of construction where the interpretation of contracts often give rise to disputes, “the courts have a role in interpreting contracts so it can be appropriate in some circumstances.”