Are all forms of alternative dispute resolution voluntary procedures?

Alternative dispute resolution (ADR) encompasses a variety of procedures, aiming to resolve disputes outside the traditional courtroom setting. While many forms of ADR, such as mediation, are typically voluntary and rely on the agreement of the parties involved to proceed, this is not universally true.

In certain cases, some forms of ADR can be required or mandatory. For example, arbitration may be mandated by contractual agreements where parties agree to resolve disputes through arbitration rather than litigation. Additionally, some jurisdictions or specific disputes may require mediation or arbitration as part of the legal process before parties are allowed to proceed to court.

Therefore, recognizing that certain forms of ADR can be imposed due to contractual obligations or legal requirements clarifies why it is accurate to state that not all forms of alternative dispute resolution are voluntary. This understanding is crucial for those involved in construction management, as recognizing mandatory versus voluntary procedures impacts how disputes can be approached and negotiated.