Applicable Analysis Of Alternative Dispute Resolution In China Construction Projects

The problems involved in construction disputes are complicated. An excellentdispute resolution system can not only ensure the smooth progress of projects, reducethe cost of disputes resolution, but also contribute to the prevention of wasting judicialresources and the remission of social conflicts. With the striding development of theoverseas construction business, the numbers of disputes that Chinese constructioncompanies faces are increasing. The importance of realizing and studying theinternational regulations of resolving disputes, Alternative Dispute Resolution, isbecoming increasingly significant. Meanwhile, there’re a lot of problems existing indomestic construction disputes resolutions, so it is necessary to reference tointernational advanced experience and introduce ADR. So how to reference tointernational advanced experience and extend the application of the Alternative DisputeResolution in domestic construction projects domain, has been greatly concerned by theindustry.The article firstly defines the concept of construction disputes, and with therelevant judicial data, cases, numbers of accidents and death toll in the national housingconstruction and municipal engineering, it summarizes the current situation of domesticconstruction disputes, increase of disputes number and expansion of influenced sphere.In order to make further research into the existing problems of domestic constructiondispute resolutions, the author interviewed8construction disputes resolution expertswith different backgrounds, discussing the defects of the resolutions. Litigation lacksexpertise; its process is long and the administrative interference weakens its justice. Thedeletion of ad hoc arbitration, administrative interference and lack of experts greatlyrestrict the development of construction arbitration. Under buyer’s market, theinequality of contractors’ and employers’ status disenables mediation and reconciliationactually resolves disputes.Aiming at the above-mentioned problems, the second part of the article analyzesthe introduction of ADR, summaries the characteristic of construction disputes fromfive aspects: powerful technology, large dispute amount, different participants involved,long time of influencing, strict confidential requirement. Meanwhile, ADR process issimple, flexible, non-confrontational and confidential. It can provide parties with a dispute resolution expert who has solid specialized knowledge and realize the autonomyof parties. Since ADR has significant advantages in construction projects, the articlepresents this kind of resolutions used in international construction projects. Now theADR used domestically is Dispute Review. It is a kind of mediation, so the articlediscusses its characteristics from different aspects by compared with other kinds ofmedication.In order to discuss the relevant problems of building dispute review system, theauthor interviewed8experts for these problems and advices. On the basis of interviewand literature review, with the experience of spreading ADR in internationalconstruction projects, the article finally analyzes the problems in the process of buildingdispute review system, and in accordance with these problems advices are put forward.