Adjudication is the process of fast-track construction dispute resolution provided for by the Security of Payment legislation of the Australian States and Territories. Although in varying degrees the State and Territory laws differ in form and substance, the key themes of efficiency, informality and fairness are shared. Adjudication is now one of the fastest growing ADR discplines, and is an area in which many arbitration practitioners are active.

Expert determination is a process whereby parties agree to refer one or more issues or disputes to an expert for determination. It can be binding or non-binding and final or subject to rights of appeal or review.  It is not a reference out from Court nor is it arbitration.  The adoption of expert determination is a consensual process by which the parties agree to take defined steps in resolving disputes. While the rules and guidelines for an expert determination may vary, what expert determinations have in common is that they provide a contractual process by which a dispute or disputes may be resolved.

Mediation is an informal process aimed at assisting parties to a dispute to negotiate a settlement. Mediation allows parties to discuss their differences in private with the assistance of a neutral third party. The mediator’s first task is to help each party understand the other party’s view of the matter in dispute, and the second task is to help the parties make an objective assessment of the whole situation in order to reach a settlement. As part of the process, the mediator speaks confidentially to each party, arranges and chairs discussions and acts as an intermediary between the parties. All discussions which take place during mediation are without prejudice. The fundamental difference between mediation and arbitration (and litigation) is that the outcome of mediation is consensus-oriented.