Attitudes to alternative dispute resolution (ADR) among contractors and subcontractors/specialists in the UK construction industry are analysed on the basis of an extensive survey. Positive attitudes contrasted ADR with litigation and arbitration in terms of cost, delay and damage to working relationships through confrontation. The study also examined negative perceptions of ADR which may reduce its appeal and explain its limited use to date. These include a fear that lawyers may ‘colonize’ ADR and that its non-binding quality may prove a deficiency. It is concluded that these perceptions will be influential in determining the extent to which ADR is used in construction disputes.
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Brooker et al. (1997) studied this question.