The options compared
| Route | Binding? | Typical timescale | Best for |
|---|---|---|---|
| Negotiation | Only if you agree terms | Days to weeks | Most disputes, as a first step |
| Mediation | Only if a settlement is signed | Often a single day, once arranged | Final accounts, defects, multi-party disputes, preserving relationships |
| Adjudication | Yes, temporarily: until finally decided by court, arbitration or agreement | 28 days from referral, unless extended | Payment, valuation and extension of time disputes needing a fast answer |
| Expert determination | Yes, if the contract says so; very limited challenge | Agreed by the parties | Narrow technical or valuation questions |
| Arbitration | Yes, final; limited appeal | Months to years | Final resolution in private, often on international or complex projects |
| Court (TCC) | Yes, final, subject to appeal | Months to years | Final resolution, complex technical disputes, enforcing adjudication decisions |
Before you start: the Pre-Action Protocol
In England and Wales, before most construction and engineering claims go to court, the parties are expected to follow the Pre-Action Protocol for Construction and Engineering Disputes. In outline:
- the claimant sends a letter of claim setting out the claim, the facts, the basis and the sums sought;
- the defendant sends a letter of response, normally within 28 days (which can be extended by agreement, up to 3 months), including any counterclaim;
- the parties hold a pre-action meeting to identify the main issues and consider whether the dispute can be resolved without proceedings, including through ADR.
Ignoring the Protocol can lead to costs penalties. It doesn’t apply to proceedings to enforce an adjudicator’s decision. Our examples page shows the structure of a letter of claim.
Court: the Technology and Construction Court
The Technology and Construction Court (TCC) is a specialist list of the High Court that hears technically complex construction and engineering disputes, with judges experienced in the field. It sits in London and in several regional centres. It is also where adjudicators’ decisions are enforced, usually quickly through summary judgment. Smaller claims are heard in the County Court; most claims up to £10,000 are allocated to the small claims track.
Since 1 October 2024, the Civil Procedure Rules expressly allow the court to order the parties to engage in ADR, and unreasonable refusal to mediate can be penalised in costs. See our explainer.
Arbitration
Some contracts send final disputes to arbitration instead of court. Arbitration is private, the parties can choose an arbitrator with construction expertise, and awards are easier to enforce internationally. In England, Wales and Northern Ireland it is governed by the Arbitration Act 1996, as amended by the Arbitration Act 2025 for arbitrations started on or after 1 August 2025. Scotland has its own Arbitration (Scotland) Act 2010. Read what the 2025 Act changed.
Choosing the right route
- Need money now? Check whether a notified sum is due, then consider adjudication.
- Complex, many issues, want to keep working together? Mediation first.
- Narrow technical point? Consider expert determination if both sides agree.
- Need a final, binding answer? Arbitration or court, depending on the contract.
Whatever you choose, keep making offers. A well-timed written offer, including a formal Part 36 offer in court proceedings, can protect your position on costs.
General information, not legal advice. What applies to you depends on your contract, the facts and where the work is, and the law changes. Check the sources below and take advice from a qualified professional before acting on anything that matters.
Last updated: 15 October 2026
