Frequently Asked Questions

Alternative Dispute Resolution (ADR) has become an increasingly popular method for resolving disputes in recent years.  Traditionally, ADR in the construction industry encompasses mediation and adjudication both of which are designed to help parties resolve their disputes outside of traditional court proceedings.  ADR offers numerous benefits including cost savings, time efficiency and greater control over the process and outcome.  Nonetheless, ADR, especially mediation,  still struggles to find acceptance in some quarters.  Construction lawyers are often reluctant to advise their clients to seek ADR in the face of adjudication whilst the construction industry holds the view that to seek ADR is a sign of weakness.  Almost universally, whilst ADR proceedings are less expensive than litigation, adjudication has become prohibitively expensive for disputes at the smaller end of the spectrum.  Access to justice for small and medium sized enterprises is therefore denied.

Our alternative to Alternative Dispute Resolution methods (Early Neutral Evaluation, Mediation, Executive Dispute Resolution, Expert Determination and Positive Case Adjudication)  takes ADR and packages it in a form that is easy to access, easy to use and inexpensive when compared to traditional uses of these methods.  Some of our methods, such as mediation and expert determination, are based on existing methods in the market place today whilst others have been re-engineered to present new and innovative ways of avoiding disputes and resolving them.

Our aADR methods are suitable for use with construction and engineering disputes up to a value of £1m (at 2025 prices).

Please see our simple process map for an understanding of how our service operates.

Our aADR methods are intended for use by people involved in construction and engineering projects.  This includes building construction, civil engineering,  mechanical and electrical engineering and data projects including sustainability initiatives.  aADR can be employed on contracts associated with residential, commercial, industrial, leisure and entertainment, roads, bridges, rail and water projects.  They can be utilised alongside the existing dispute resolution provisions of all the major contracts including JCT 2024 and 2016, NEC 3 and 4, PPC2000 and consultancy agreements of all kinds.

Our methods can be used by public and private sector construction clients, Tier 1 and other Head contractors, sub-contractors of all kinds, specialists and suppliers, consultants and their legal advisers.

The construction industry, like any other sector, has specific needs and expectations when it comes to alternative dispute resolution.  The following are the key wants of the construction industry regarding ADR:

1. Time and Cost Efficiency: The construction industry values ADR methods that are faster and more cost-effective than traditional litigation.  Lengthy and expensive court proceedings can significantly delay projects in increase costs, so aADR processes that can resolve disputes efficiently are desirable.
2. Expertise in Construction Matters:  Construction disputes often involve complex technical and legal issues.  Our aADR methods provide access to professionals with expertise in construction law, engineering, construction and other relevant fields.  This expertise ensures that disputes are handled by individuals (project neutrals) who understand the specific challenges and intricacies of the construction industry.
3. Flexibility and Informality: Construction projects are dynamic and disputes can arise at any stage.  Our aADR methods offer flexibility and informality allowing for tailored solutions that address the unique circumstances of each case.
4. Confidentiality: Construction projects often involve sensitive information, such as proprietary designs, trade secrets or financial details.  Our aADR methods prioritise confidentiality.
5. Preserving relationships: Construction projects typically involve multiple parties, including contractors, owners and supplier.  Preserving working relationships is essential for future collaborations.  Our aADR methods prioritise communication, negotiation and collaborative problem-solving to help maintain positive relationships leading to more productive outcomes.
6. Enforcement of Decisions: The construction industry requires ADR decisions to be enforceable to ensure that the parties comply with agreed-upon resolutions.  The ability to enforce decisions promotes trust and confidence in our aADR outcomes.
7. Industry-specific Rules and Procedures: Given the often unique nature of construction disputes, our industry-specific aADR rules and procedures enhance effectiveness by addressing common construction issues, establishing guidelines for use and provide a streamlined process that meets the specific needs of industry.

If a party is reluctant to engage with or participate in aADR, we assist by attempting to facilitate their engagement.  We:

1. Highlight the benefits of aADR: we emphasise the advantages of aADR over litigation (and even adjudication).  aADR is typically faster and less expensive, is a private process, gives the parties more control over the process and outcome and focuses on collaboration which can heklp to preserve business relationships.
2. Clarify misgivings: Sometimes parties may be reluctant due to misconceptions about aADR, for example, that aADR is legally binding which in the case of mediation is not the case unless and until a settlement agreement is reached.  A common misgiving is a fear of demonstrating weakness.  Participation in aADR doesn't mean giving up leverage, rather it shows a commitment to finding a solution.
3. Explain court manadates: Many courts now require parties to attempt ADR before proceeding with litigation and this trend is accelerating.  Court-ordered ADR may be a requirement and non-participation may lead to penalties or unfavourable court decisions.  Engaging in aADR can avoid unnecessary delays in any subsequent legal process.
4. Explain the use of a neutral third-party (Project Neutral): The involvement of a trusted, neutral person can help encourage reluctant parties by explaining the fairness of the process.  Our project neutrals are skilled at addressing fears and concerns and they establish trust by ensuring both parties feel heard and respected. 
5. Tailor the process to fit their needs:  So far as possible within the confines of our methods, we try to tailor the process to meet the needs of a reluctant party.  This does not mean we change what we do to favour them but rather we might suggest alternative methods to use that could prove workable, e.g. suggesting executive dispute resolution which is more collaborative than adjudication.
6. May offer incentives and deadlines: We may offer incentives (such as discounts) or impose reasonable deadlines to motivate reluctant parties to engage with a sense of urgency.
7. Recommend legal counsel involvement: Sometimes a party is reluctant to engage because they don't fully understand the legal implications or how aADR fits into their overall case strategy.  In such instances it may help to involve their legal advisers to explain how aADR can align with their legal objectives and who can reassure them they are not losing their legal rights by engaging in aADR.

The earlier aADR proceedings are instituted then the greater the savings in terms of costs, time and relationships.

You should pay your deposit  and notify CINDAR as soon as it becomes apparent that there is an issue or dispute that requires third party assistance to avoid or resolve that matter.  Until an aADR method has been selected and paid for there is no obligation to move forward with any of our dispute avoidance and resolution methods. 

You are always welcome to request a particular form of aADR methods.  If you are unsure as to which of these would best suit your needs, we have constructed an infographic (below) to assist you in making an informed decision.  Click on the image to enlarge it and work your way through the questions it poses until you settle upon the most appropriate method for your dispute.

Yes, of course.  Whether you are legally represented is a matter for you to decide.  

From our point of view, lawyers who understand how to use aADR (such as mediation advocates) are useful in setting up the process and making it a success.  They can also help you to prepare the relevant documents in the format required (there are limits to the number of documents you can submit) and your lawyer can assist in drafting your case summary.  CINDAR cannot make your case for you and the submission of a bundle of unstructured documents without an effective commentary tying your issues together will not assist your position and may work against you.

Conversely, the use of lawyers who do not understand aADR processes and adopt a litigious attitude towards presenting your case won't do you any favours either and will probably cost you money.  We recommend you discuss ADR with your lawyers including their experience and attitude before appointing them to represent you.

We have relationships with a number of law firms who we have found are highly effective for their clients when working in an ADR environment and can recommend 2-3 firms to speak with if you require it.  We do not receive any remuneration from firms that we recommend.

Our proceedings take place on-line without the need for a hearing.  This is known as a "documents-only" process.  An exception to this is Executive Dispute Resolution where a hearing is always held.  This also is on-line but exceptionally can be held in person.

The submission of documents is made using our Case Management System, Ella.  Directions are also issued through this system and Recommendations, Settlement Agreements and Decisions are made available in the same way.

Exceptionally, meetings in person can be arranged with both parties present at extra cost as in person meetings are outwith the scope of our aADR charges.

Our Principals have many years of experience of claims and dispute resolution in the construction and engineering industries.  In order to establish the charges for our work, we:

1. Create a workflow for each of our aADR methods.
2. Divide each method into a category based on the value of the matter.
3. Apply budgeted hours against each step in the workflow under each of the categories.
4. Apply our commercial rates to the hours required.
5. Fix the charges for each category of matter for each method.

Discounts are available for Small Business (up to 20 people) and Sole Traders in respect of small value claims of £20k or less.  This recognises the difficulty that such organisations have in accessing cost effective dispute avoidance and resolution processes.  To apply for a discount use our Contact form and select "Please send me a discount code".  Please ensure you provide your Company or Trading Name, Company Registration Number (if you have one) and the size of your business.  (We check these details!) If you have an account with us then there are additional loyalty discount codes available for repeat business.  Discounts are offered entirely at our discretion.  We reserve the right to amend or withdraw discounts without notice.  We are also providing an Introductory Offer of 10% discount on all our service products until 10 June 2025.  This discount is automatically applied at the checkout.

The person, company or organisation requesting a dispute avoidance or resolution procedure from CINDAR, is the person who is responsible for the payment of our fees.  These must be paid up front in order that we can enter upon the reference.

If the Project Neutral is given the power to award costs, then the neutral will decide who is to pay what share of the costs.  In that case, the person who has paid our charges will be able to recover from the other party.  Alternatively the parties may reach an agreement between themselves as to the sharing of costs.

RICS operate a summary adjudication procedure for disputes less than £20k.  They charge £300 application fee and £1,000 adjudicator fee.  That is a total of £1,300.00 plus VAT.  Our charges are 3% of the value of the claim subject to a minimum fee of £1,500.  However, we also offer small business (under 20 people) and sole traders a further discount of £250.  This means that the maximum payable by a small business or sole trader in respect of a dispute under £20k is £1,250 plus VAT.  Use the contact form to submit your claim for a discount.

CIC/RICS also operate a Low Value Model Adjudication Procedure.  For disputes under £10k, the application fee and adjudicator's fee is a maximum of £2,300 plus VAT.  For disputes up to £25k it is £3,800 plus VAT and for disputes up to £50k it is £6,300 plus VAT.   We have summarised our fees for each of these dispute bands for SME's and Sole Traders in the table below.  As may be seen, CINDAR offers highly competitive fee arrangements for low value disputes. 

We adhere to the RICS Professional Standard on Conflicts of Interest.  If a conflict of interest arises then we will seek Informed Consent for our work.

Please note repeat business from any individual, company or organisation does not of itself represent a conflict of interest.

Most of our work involves being in a position of trust between the Parties to a dispute or difference.  It is important for the confidence and assurance of all Parties that communications with us (save for confidential communications as in Mediation) are as open as possible.  We therefore require all communication to be in a written form - some of which will be common to all Parties and some of which will remain confidential.  As we impose this requirement for communications to be written, we do not publish telephone numbers for CINDAR or for any Project Neutral.  We can always be contacted by email or via the Contacts page. or by submitting a ticket via our Help Desk. 

The advantage of a customer account is to keep a history and a follow-up of your orders and not to have to fill in name and contact details and/or billing when you return to the web site. You may also benefit from individual rebate coupons such a credit note, a loyalty discount or a personalised discount voucher on your next purchase. The creation of an account is not obligatory.

Artificial Intelligence has a role to play in many areas including dispute resolution. However, given the wide variety of contractual arrangements found within the construction industry and the often complex factual matrix surrounding disputes, we are more comfortable if matters are handled by a human being at this time.

If you would like to become a CINDAR Project Neutral then please apply using this form.