Identifying barriers to the establishment of dispute boards in UK construction

The process of dispute resolution is constantly evolving and the UK Construction industry continues to develop methods of alternative dispute resolution, particularly methods which may prevent disputes from occurring. One such method is the Dispute Board, which is a panel appointed at the beginning of a contract to advise the parties of situations where disputes are likely to arise and how to avoid them. Dispute Boards have been popular in the U.S.A for several years, which leads one to question why they have been little used in the U.K. A Delphi Survey was conducted amongst Construction Professionals, Lawyers, Arbitrators / Adjudicators and Clients in order to identify the barriers to Dispute Boards becoming an established method of alternative dispute resolution in the UK Construction Industry. The results show that barriers to the incorporation of Dispute Boards in the UK Construction Industry include poor attitudes towards new methods, the presence of adjudication, the lack of knowledge and understanding by clients and lack of practical experience by Dispute Boards. The implications of this are discussed.