ABSTRACT

10.1 SBC16 refers to five methods of dispute resolution: negotiation; mediation; adjudication; arbitration; and legal proceedings. One of these, adjudication, is a statutory right, and if one party wishes to use this method, the other must concur. Negotiation is an optional provision (Schedule 8, Supplemental Provision 6). Negotiation and mediation are voluntary processes which depend on the co-operation of the parties, and either may lead to a binding result. If none of the options of negotiation, mediation or adjudication is used, or if either party is dissatisfied with the decision of an adjudicator, then the dispute will have to be resolved by arbitration or litigation.