The Chartered Institute of Arbitrators (Ciarb) recently hosted a timely and insightful webinar on Engineering ADR in Infrastructure Projects, bringing together leading practitioners to explore the growing role of Alternative Dispute Resolution (ADR) in the construction and infrastructure sector.
The session was moderated by Hon. Dr. Arch. Sylvia Kasanga, FCIArb, and featured distinguished panelists Eng. Daniel Cherono, FCIArb, and Mr. David Kaggwa, FCIArb, an international arbitrator with extensive experience across the region.
ADR as a Strategic Tool in Infrastructure Development
In her opening remarks, Hon. Dr. Arch. Sylvia Kasanga emphasized that ADR is not merely a legal process, but a strategic project management tool. She noted that infrastructure projects are high-value, complex, and involve multiple stakeholders—factors that naturally create fertile ground for disputes. When poorly managed, these disputes erode project value, damage relationships, and lead to costly delays.
She underscored the importance of equipping engineers with ADR knowledge and skills to manage conflicts proactively and preserve working relationships.
Mr. David Kaggwa reinforced this point by observing that engineers already engage in ADR—often unconsciously—through daily negotiations, clarifications, and mediations on site. However, he stressed the need for formal training to ensure that such interventions are structured, professional, and effective.
Why Infrastructure Projects Are Prone to Disputes
Eng. Daniel Cherono highlighted the inherent complexity of infrastructure projects. Multiple stakeholders, technical uncertainties, evolving designs, political risks, and contractual ambiguities often combine to generate disputes.
Key early warning signs discussed included:
- Inadequate or inconsistent contract documentation
- Poorly developed designs
- Unresolved site instructions
- Delayed payments
- Failure to document decisions and agreements
Drawing from regional examples in Kenya and Uganda, Mr. Kaggwa illustrated how design flaws and contractual breaches have resulted in significant cost overruns and project delays. The panel emphasized that early identification and resolution of issues is far less expensive than allowing disputes to escalate to arbitration or litigation.
Understanding Dispute Resolution Mechanisms
The webinar provided a practical overview of dispute resolution mechanisms commonly used in engineering projects:
1. Negotiation
The first and most immediate step, often conducted at project level.
2. Mediation
A facilitated process where a neutral party assists in reaching a mutually acceptable solution.
3. Dispute Adjudication/Avoidance Boards (DABs/DAABs)
Standing or ad hoc boards that address disputes promptly during project execution.
4. Arbitration
A formal, binding process with finality, subject to limited grounds for challenge.
Eng. Cherono explained that the suitability of each mechanism depends on the complexity of the dispute, the contractual framework, and the parties involved. Mr. Kaggwa addressed concerns about cost, noting that while dispute boards and arbitration may appear expensive, their value lies in preventing larger financial and reputational losses.
The principle of “pay now, argue later” was also highlighted as an important contractual mechanism to maintain cash flow and project continuity.
Embedding ADR in Project Management
A key theme of the discussion was mainstreaming ADR into everyday project management practice. The panelists emphasized:
- Maintaining a register of claims as a performance indicator
- Training project staff in dispute awareness
- Discussing potential disputes openly during site meetings
- Escalating disputes in a timely manner
- Recording agreements clearly and accurately
Hon. Dr. Kasanga posed an important question on how institutions such as KENHA can institutionalize ADR. The panel suggested that improving the quality of initial designs, strengthening contract drafting, and embedding dispute boards in contracts can significantly reduce dispute risks.
The Importance of Contract Management and Stakeholder Engagement
Eng. Cherono stressed the need for clear, well-drafted contract documents and independent legal advice before contract execution. He emphasized:
- Clear payment terms
- Consistent contract clauses
- Proper documentation of variations
- Regular structured meetings
- Stakeholder mapping and communication
Effective stakeholder engagement—through regular site visits, communication, and transparency—was identified as a critical dispute prevention strategy.
Building ADR Skills for Engineers
The panelists encouraged engineers, particularly young professionals, to develop both technical and soft skills. ADR, they noted, is not just a professional competency—it is a life skill.
Engineers were urged to:
- Maintain proper records
- Develop negotiation and communication skills
- Understand project financing and PPP frameworks
- Stay updated with technological advancements, including AI and sustainability trends
- Pursue formal ADR training and certification
Mr. Kaggwa emphasized that engineers should not leave dispute resolution solely to lawyers. Instead, they should take a proactive role, given their deep technical understanding of projects.
Making ADR More Accessible and Effective
Participants raised questions about making ADR more accessible, faster, and cost-effective. Suggestions included:
- Wider adoption of dispute boards
- Increased ADR training within engineering institutions
- Strengthening technical expertise on dispute resolution panels
- Promoting ethical conduct in project administration
The ethical implications of professionals contributing to delays for personal benefit were also addressed, reinforcing the need for integrity in project delivery.
The Way Forward: Dispute Literacy in Engineering
The webinar concluded with a call for engineers to become “dispute literate” and to embed ADR into the lifecycle of every infrastructure project from design to completion.
Hon. Dr. Arch. Sylvia Kasanga closed the session by encouraging continuous learning and participation in upcoming events, including a public lecture on “Trust in Arbitration” featuring the CIArb Global President.
As infrastructure investments expand across the region, the integration of ADR into engineering practice will be essential—not only to resolve disputes, but to prevent them, preserve relationships, and safeguard project value.
For engineers and infrastructure professionals, the message was clear: ADR is no longer optional it is a core competency for modern engineering practice.
