Difference between Construction Litigation and Construction Arbitration


A dispute is something that cannot be ignored nor does it warn you before its arrival. In the field of construction too, disputes can arise at any point in time. However, not many people know that disputes in the construction industry come in 2 different forms and they are construction litigation and construction arbitration.

Construction litigation is a dispute that is solved inside a court, while construction arbitration is a dispute that is solved with the help of bringing a mediator. Let’s focus on some of the differences between the two.

  1. Price – For a construction litigation dispute, a lawyer is required to resolve the issue. When it comes to price, construction litigation is going to be on the expensive side. On the other hand, construction arbitration disputes are solved by a mediator where the fees of the mediator are going to be different depending on the experience.
  2. Evidence – Since construction litigation dispute takes place inside a court, the evidence is required. Based on the evidence, the judge then passes the verdict. On the other hand, construction arbitration does not require submitting any form of evidence since the matter is resolved by the mediator. However, things can get messy since there is a lack of evidence presented.
  3. Speed – Both forms of disputes can be solved however, for a dispute to be resolved at the earliest, construction arbitration wins. On the other hand, construction litigation issues take time since the matter is taken to the court. It can be a few days to several months depending on the matter.

For any form of dispute, it is best considered to hire the best construction lawyers in Sydney and other parts of Australia.