TY - GEN
T1 - BARRIERS TO THE ADOPTION OF ALTERNATIVE DISPUTE RESOLUTION WITHIN THE IRISH CONSTRUCTION INDUSTRY
T2 - 40th Annual Conference on Association of Researchers in Construction Management, ARCOM 2024
AU - Ryan, Cathal
AU - Spillane, John P.
AU - Bradley, James G.
N1 - Publisher Copyright:
© Association of Researchers in Construction Management
PY - 2024
Y1 - 2024
N2 - The Construction Contracts Act 2013 introduced statutory adjudication to the Republic of Ireland's construction industry. Since the legislation became operative in 2016, uptake of adjudication has admittedly been slow. This research aims to identify the barriers that may cause the non-utilisation of newly introduced alternative dispute resolution (ADR) methods. To address this, a systematic literature review (SLR) is conducted. The search comprises of research documents containing the terms "alternative dispute resolution", "construction", and "Ireland", published between the years 2004-2024. Of the initial 77 documents, 20 are eligible for inclusion in this study. Following this, an exhaustive list of potential barriers is extracted and documented. 16 barriers are identified, including cost of ADR for clients, and third-party's capability, among others. The contribution of this research is to highlight the barriers facing newly introduced ADR methods, a finding that may garner the attention of policy makers, and subsequently enable them to begin addressing the barriers identified. Resultantly making newer methods, such as adjudication in Ireland's construction industry, more accessible and feasible to those they are intended to assist.
AB - The Construction Contracts Act 2013 introduced statutory adjudication to the Republic of Ireland's construction industry. Since the legislation became operative in 2016, uptake of adjudication has admittedly been slow. This research aims to identify the barriers that may cause the non-utilisation of newly introduced alternative dispute resolution (ADR) methods. To address this, a systematic literature review (SLR) is conducted. The search comprises of research documents containing the terms "alternative dispute resolution", "construction", and "Ireland", published between the years 2004-2024. Of the initial 77 documents, 20 are eligible for inclusion in this study. Following this, an exhaustive list of potential barriers is extracted and documented. 16 barriers are identified, including cost of ADR for clients, and third-party's capability, among others. The contribution of this research is to highlight the barriers facing newly introduced ADR methods, a finding that may garner the attention of policy makers, and subsequently enable them to begin addressing the barriers identified. Resultantly making newer methods, such as adjudication in Ireland's construction industry, more accessible and feasible to those they are intended to assist.
KW - adjudication
KW - alternative dispute resolution
KW - arbitration
KW - conciliation
KW - Construction Contracts Act 2013
UR - http://www.scopus.com/inward/record.url?scp=85208289555&partnerID=8YFLogxK
M3 - Conference contribution
AN - SCOPUS:85208289555
T3 - Association of Researchers in Construction Management, ARCOM 2024 - Proceedings of the 40th Annual Conference
SP - 465
EP - 474
BT - Association of Researchers in Construction Management, ARCOM 2024 - Proceedings of the 40th Annual Conference
A2 - Thomson, Craig
A2 - Neilson, Christopher J
PB - Association of Researchers in Construction Management
Y2 - 2 September 2024 through 4 September 2024
ER -