Reviewed by Sean McNamara, 2026-10-07
Between 'angry phone call' and 'county court' sits a tier of dispute resolution services: ombudsman schemes, adjudication, mediation, expert determination and ADR providers. Picking the right one is mostly matching the value and the technical content of the dispute to the service.
Consumer building work: ombudsman/trade-body ADR where the builder is a member; county court otherwise. Construction contracts (including home extensions, conversions, larger works): statutory adjudication under the Housing Grants Act. Valuation/final-account disputes: independent expert determination. Money claims of any size: MCOL or county court. Every route starts from the same evidence pack - assemble it once.
Whatever the service: chronological file (contract, quotes, invoices, payments), photo/video evidence with dates, the pre-action letter and response, quantified loss (two quotes for remedial work), and a one-page chronology. Parties who arrive with this settle earlier and win more - parties who arrive with opinions pay for the privilege.
Escalate in order: the company's complaints procedure (keep the reference), the relevant ombudsman or trade-body scheme if one applies (many builders are federation members with ADR duties), then the county court small claims track for money claims under £10,000. Consumer protection (Trading Standards via Citizens Advice) handles systemic misconduct.
Usually dramatically so: mediation commonly runs to hundreds of pounds per party (split), expert determination to low thousands, adjudication to the adjudicator's hourly fees plus your prep time. Court: issue fees plus trial fees plus, above small claims, potential legal costs. And ADR settles most matters - a settled dispute costs no trial at all.
Yes - it is voluntary. But courts expect refusal to be justified (the Halsey principles): an unreasonable refusal to mediate can be punished in COSTS even if you then win the case. Practically: attend. A day of mediation resolves a large share of building disputes at a fraction of litigation cost.
The umbrella for settling disagreements without (or before) trial: negotiation, mediation, conciliation, adjudication, arbitration, expert determination, ombudsman schemes. For building disputes the workhorses are adjudication (speed, binding interim) and mediation (settlement rates, cost).
Document the dispute, read the contract's dispute clause (it may mandate a route), send the pre-action letter, then choose: small claims (under £10,000), statutory adjudication (construction contracts, any value), mediation (settlement-focused), or expert determination (technical valuation questions). The file you assemble for the letter drives every route.
Under £10,000 uncomplicated: small claims with photo-led evidence. Stalled project or defective work on a construction contract: adjudication - 28 days to a binding interim decision. Both sides still talking: mediation first. Technical argument about defects causation: independent surveyor/expert report before any forum - the report often settles it alone.