Position Paper on Alternative Dispute Resolution mechanisms

The Irish Department of Public Expenditure and Reform (DPER), in conjunction with the Government Contracts Committee for Construction (GCCC), has published a pivotal position paper proposing significant reforms to Alternative Dispute Resolution (ADR) mechanisms within public works contracts. This initiative, an integral part of the Capital Works Management Framework (CWMF) development, seeks to promote greater dispute avoidance and enhance the efficiency of resolution processes, directly impacting project delivery and cost management across the public procurement landscape. The document, titled 'Proposals to amend the alternative dispute resolution mechanisms in the public works contracts and promote the greater use of dispute avoidance,' signals a strategic shift towards mitigating costly and protracted disputes often associated with major infrastructure projects. Its recommendations are substantiated by the findings of the Indecon 'Report into the Operation of the Roles of Standing Conciliator and Project Board,' providing a robust analytical foundation for the proposed changes. Senior decision-makers within the construction sector are strongly encouraged to engage with these proposals, as they offer a crucial opportunity to influence future contractual governance and risk frameworks. Observations are formally invited via gccc@per.gov.ie by 5 PM on 22 August 2025. Stakeholders should note that submissions may be publicly disclosed, underscoring the transparency of this consultative process. The anticipated amendments are poised to recalibrate contractual dynamics, fostering a more collaborative environment in public sector undertakings. Read More