Jurisdiction(s):
United Kingdom

Key definition

Dispute resolution definition

What does Dispute resolution mean? Dispute resolution describes the processes used by lawyers and clients to resolve legal disagreements—by agreement, determination or adjudication—inside or outside court. It is a descriptive, cross‑practice term rather than a single statutory definition; particular mechanisms are set by procedure and sector legislation. In pensions practice, disputes between members, employers and trustees are commonly handled through internal dispute resolution procedures (IDRP/IDR), ombudsman schemes, alternative dispute resolution (mediation or arbitration), and litigation. In the UK, The Pensions Ombudsman (TPO) offers an Early Resolution Service and formal determinations; TPAS’s dispute‑handling functions have transferred to TPO, with general guidance now provided by...

Statutory construction adjudication compared with litigation, arbitration, mediation and expert determination: key differences in procedure, costs, confidentiality, natural justice, jurisdiction, enforcement and finality

Published by a LexisNexis Construction expert

Practice notes

This Practice Note highlights key distinctions between adjudication and litigation, Arbitration, mediation and Expert determination

Litigation

Adjudication offers a rapid, provisional, interim route to resolve Disputes; its outcome is binding until finally settled by arbitration, litigation or agreement. The principles of natural justice that are fundamental in litigation also apply in adjudication. However, within adjudication, observance of natural justice yields to the overriding need for a determination within a very limited period. See Practice Note: Breach of natural justice in adjudication.

Confidentiality

In litigation the court’s judgment is public. Adjudicators’ decisions rarely reach the public domain because they carry little authority in other proceedings. In addition, parties to adjudication can enter into a confidentiality agreement.

Procedure

Litigation is controlled by the Civil Procedure Rules. For adjudication, the governing legislation—covering, among other things, timetable and process—is Part II of the Housing Grants, Construction and Regeneration Act 1998 and, where applicable, the Scheme for Construction Contracts.

Legal costs and adjudicator's fees and expenses

In litigation, if the parties are unable to agree costs, the court will decide whether costs are payable...

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Web page updated on 21/05/2026

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