What Is ADR for Building Disputes?
Alternative dispute resolution covers the ways of settling a disagreement without going to court. For most homeowner disputes, mediation is the one to know about.
The short answer
Settling a dispute without court, usually faster and at lower cost.
ADR stands for alternative dispute resolution: ways of settling a disagreement with a builder without going to court. The main forms are mediation, where a neutral person helps you both reach an agreement; a scheme or trade body's own resolution service, if the builder belongs to one; and arbitration, where an independent person makes a decision, usually binding. ADR is normally voluntary, so the builder has to agree to take part, unless your contract says otherwise. It is usually quicker and less costly than court, and courts expect people to have considered it first.
It works best once you have raised the complaint properly and the builder has had a chance to respond. See how do I complain about a builder? and our longer guide to mediation and ADR for building disputes.
The main types
Three forms of ADR, side by side
Mediation
A neutral mediator helps you and the builder talk and reach your own agreement. Nothing is decided unless you both agree, and it is generally confidential. Once signed, a settlement can be binding.
Scheme resolution
Some trade associations and schemes offer a complaints or dispute service for their members' customers. Check the organisation's own site. See trade accreditation schemes explained
Arbitration
An independent arbitrator considers both sides and makes a decision. It is more formal, and the decision is usually binding, so understand what you are agreeing to first.
How mediation works
What to expect from a mediation
Mediation is the form most homeowners will come across. A mediator, who doesn't take sides, speaks to each of you, often separately, to understand what happened and what each side wants. They help you test your positions and look for an outcome both can accept, such as a return visit, a partial refund or a combination.
Mediation can take place in person, by video or by phone. It is usually much shorter than a court case. If you reach an agreement, it is written down and signed. If you don't, you haven't lost anything, and you can still pursue other routes.
Prepare as you would for any serious conversation: have your quote, photographs, timeline and any expert report ready, and think in advance about what outcome you could live with. Our answer on how to prove work was defective helps with the evidence.
A note on adjudication
The commercial route that rarely applies at home
In commercial construction, statutory adjudication is a common way to resolve disputes quickly. The legislation that creates it generally excludes contracts with a homeowner for work on the home they live in, so it doesn't usually apply to domestic jobs unless your contract specifically includes it. If a builder's contract refers to adjudication, ask what that means before you sign. This is general information, not legal advice.
Citizens Advice explains ADR for consumer disputes. The Chartered Trading Standards Institute publishes a list of approved consumer ADR bodies. If a claim reaches the small claims court, the court service also offers a mediation service. This is general information, not legal advice.
Is it the right step?
When ADR tends to work, and when it struggles
ADR tends to work well when
- Both sides still want to settle
- The disagreement is about cost, scope or quality, not honesty
- You have clear paperwork and photographs
- You would be happy with a practical outcome, such as a return visit
ADR tends to struggle when
- The builder won't engage at all
- The business has stopped trading
- One side wants a ruling on a point of law
- The facts are still unclear and nobody has inspected the work
Getting ready
How to start ADR with a builder
Check your contract and any scheme
Your contract may name a dispute process. If the builder belongs to a scheme or trade body, its process may be the natural first step.
Propose it in writing
Suggest mediation or the scheme's service in a short, neutral message, and ask the builder to agree. Keep a copy of the offer and any reply.
Choose a provider together
Agree who will run it and how any fee is shared. Citizens Advice can point you to suitable services.
Prepare a short summary
A one-page account of the dispute, what you want and your key documents. Our guide on keeping evidence and records helps you gather them.
If ADR doesn't settle it
What comes next
If the builder refuses ADR, or it doesn't produce an agreement, you can still consider court. For lower-value disputes that usually means the small claims process. See can I take a builder to small claims? For larger or more complex disputes, it is sensible to take legal advice before going further.
If you use Mortaro
Most problems are resolved before this point
On work coordinated by Mortaro, the first step when something goes wrong is to tell us. We raise it with your contractor, who is responsible for the work and provides the workmanship warranty, and keep pressing for a resolution. Many problems that end up in formal disputes started as a communication breakdown, and keeping communication going is what we do.
Your construction contract is with your contractor, so any formal dispute about the work is between you and them. See putting things right.
Straight answers
Questions about ADR
Does ADR cost money?
Sometimes. Some services are free to consumers, others charge a fee, which may be shared. Check before you agree to use one.
Can a builder refuse ADR?
Usually yes, as it is generally voluntary unless your contract requires it. A refusal may be taken into account if the matter later reaches court. This is general information, not legal advice.
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