Arbitration offers a final and binding decision on a dispute in private proceedings.
To make arbitration a viable option for a broad range of disputes regardless of value and complexity the ICE procedure has three options: short, expedited and full.
Principally for use with the NEC3 and other contracts in England and Wales for arbitrations conducted under the Arbitration Act 1996, it is also suitable for use with other contracts and in other jurisdictions.
Mediation allows parties to a dispute the freedom to explore ways of settling the dispute with the assistance of an independent impartial person.
Proceedings are held in confidence and on a without prejudice basis.
The main difference between mediation and adjudication or arbitration is that the outcome of mediation is not imposed and only becomes binding with the consent of both parties.
ICE's procedure incorporates the option of 'conciliation' which allows the conciliator to issue a non-binding recommendation if they do not come to a mutually agreed resolution.
This procedure has been prepared by ICE for construction and engineering contracts where its use is stipulated or where there is no procedure stipulated in the contract.
Please note, it is not appropriate for use under NEC3 which has incorporated adjudication provisions.
This procedure has a 'simple issue procedure' option which can be adopted by consent of both parties to limit the cost of adjudication.
Low Value Disputes Model Adjudication Procedure (LVD MAP) procedure
The Construction Industry Council (CIC), Low Value Disputes Model Adjudication Procedure (LVD MAP) procedure is aimed at disputes where the amounts claimed are for £50,000 or less and do not involve multiple or complex issues.
It provides parties with an uncomplicated structure and programme to manage disputes, and is compliant with the Housing Grants, Construction and Regeneration Act 1996 (as amended).