Construction Dispute Resolution Research Questionnaire
Share your experience and ratings on mediation, adjudication, and arbitration in South African construction disputes (10–15 minutes).
Section A - Respondent Profile
Primary professional role
*
Client/Employer
Consultant (e.g. Quantity Surveyor, Architect, Engineer)
Contractor/Subcontractor
Legal Practitioner
Adjudicator/Arbitrator/Mediator
Other
Years of experience in the construction industry
*
Less than 5 years
5-10 years
11-20 years
More than 20 years
Primary sector of operation
*
Public sector
Private sector
Both public and private
Contract forms most commonly worked with
*
JBCC
NEC
FIDIC
GCC
Other
Section B - Exposure to Dispute Resolution Mechanisms
How often have you been involved in construction disputes resolved through the following mechanisms?
*
Rows
Never
Rarely
Sometimes
Often
Very Often
Mediation
1
2
3
4
5
Adjudication
6
7
8
9
10
Arbitration
11
12
13
14
15
Litigation (courts)
16
17
18
19
20
Which dispute resolution mechanism is most commonly used to resolve construction disputes in South Africa?
*
Mediation
Adjudication
Arbitration
Litigation
Other
Section C - Rating Effectiveness
Mediation effectiveness
*
Rows
Very Ineffective
Ineffective
Neutral
Effective
Very Effective
Cost efficiency
21
22
23
24
25
Time efficiency (speed)
26
27
28
29
30
Preserving client/consultant relationships
31
32
33
34
35
Fairness of outcome
36
37
38
39
40
Enforceability of outcome
41
42
43
44
45
Overall effectiveness
46
47
48
49
50
Adjudication effectiveness
*
Rows
Very Ineffective
Ineffective
Neutral
Effective
Very Effective
Cost efficiency
51
52
53
54
55
Time efficiency (speed)
56
57
58
59
60
Preserving client/consultant relationships
61
62
63
64
65
Fairness of outcome
66
67
68
69
70
Enforceability of outcome
71
72
73
74
75
Overall effectiveness
76
77
78
79
80
Arbitration effectiveness
*
Rows
Very Ineffective
Ineffective
Neutral
Effective
Very Effective
Cost efficiency
81
82
83
84
85
Time efficiency (speed)
86
87
88
89
90
Preserving client/consultant relationships
91
92
93
94
95
Fairness of outcome
96
97
98
99
100
Enforceability of outcome
101
102
103
104
105
Overall effectiveness
106
107
108
109
110
Section D - Comparative Assessment
Which dispute resolution mechanism is generally most effective at resolving construction disputes in South Africa?
*
Mediation
Adjudication
Arbitration
Please explain your reasoning.
*
What is the greatest barrier to effective dispute resolution on construction projects in South Africa?
*
High cost of proceedings
Delays/time taken to resolve disputes
Lack of enforceability of decisions
Damage to ongoing working relationships
Lack of awareness or understanding of available mechanisms
Other
If other, please specify.
Did the choice of dispute resolution mechanism affect the ongoing working relationship between client and consultant on any project you have been involved in?
*
Yes, positively
Yes, negatively
No noticeable effect
Unsure
Please elaborate on your answer.
Section E - Open-Ended Feedback
What improvements could be made to current dispute resolution processes used in the South African construction industry?
Any other comments regarding client/consultant relationships and contract administration as they relate to dispute resolution?
Submit
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