A short history of ADR development
When DRS was founded in 1976, it was against a backdrop of newly developing measures aimed at reducing pressure on overburdened courts and helping parties in dispute avoid expensive, time-consuming litigation. Over the following decades, the world saw a significant shift toward formal alternatives to litigation: arbitration clauses were starting to be included as standard in commercial contracts globally (driven by international trade expansion), mediation was beginning to gain traction, and UNCITRAL developed its first set of rules for international arbitrations.
The 1990s marked a period of codification of alternative dispute resolution (ADR) methods. The Arbitration Act 1996 came into force, statutory adjudication was introduced in the UK through the Housing Grants, Construction and Regeneration Act 1996, Dispute Boards were embedded into FIDIC contracts, and ADR became part of case management protocols under the Civil Procedure Rules in England and Wales. Later, the Jackson Reforms and various pilot schemes mandating ADR in certain court processes paved the way for the Ministry of Justice’s recent push towards compulsory mediation in civil claims. A landmark ruling in Churchill v Merthyr Tydfil confirmed that courts can lawfully compel parties to engage in ADR before litigation.
Today, the rise of digital solutions and technology-driven processes represents the latest stage in ADR’s 50 years of natural evolution.
Throughout this journey, DRS has remained at the forefront, keeping pace with developments and ensuring RICS members have access to professional standards, guidance materials, and training courses, and the public have access to proficient, qualified dispute resolvers and appointment services; for example, we have continued to adapt swiftly to changes in common law, such as introducing expert witness training and accreditation after the Supreme Court removed immunity from actions in negligence. We are also proud of our role in helping to develop arbitration law through our involvement in government research on consolidation of the 1950 and 1979 Arbitration Acts, which led to the 1996 Act and, more recently, presenting advice to Parliament during the process leading to the 2025 Arbitration Act.
What does reaching 50 years mean for DRS and the profession?
Fifty years is a significant milestone for any organisation. For me, it is an honour to reflect on the evolution of DRS since I joined RICS 15 years ago, particularly because the changes during this time have been so significant and positive.
The last five decades have fundamentally reshaped how disputes are managed, resolved, and avoided. DRS has played a key role in shaping policy and driving change. This evolution has been highly significant for RICS members - whether they benefit from fee-earning opportunities as dispute resolvers or undertake training to advise clients and employers effectively. DRS has consistently supported members in conducting ADR proceedings to the highest professional standards.
How has DRS changed over the years?
The growth of DRS over the past 50 years is evident in the scale of training delivered, the number of dispute resolvers appointed, and the global reach of our activities.
Twenty years ago, we had no track record in dispute resolution education, and RICS members involved in dispute resolution had to use external training programmes. Move forward ten years and we were offering six ADR diploma and training programmes, all well-regarded and in high demand. Today, that offering has more than doubled, with additional in-house training requests highlighting the growing need for ADR education. Since 2018, DRS has enrolled almost 4,000 professionals on our education programmes.
Our development is also reflected in other achievements:
- Around 287,000 appointments of dispute resolvers over five decades
- Over 550 dispute resolution practitioners empanelled across 19 countries and 4 continents
- 60% share of the UK adjudication market
- Named in 99% of UK commercial leases as the appointing body for arbitrators and experts
- Named in numerous legislation and regulations as a dispute resolver appointing body
We are recognised by leading organisations such as the consumer group, Which? who appointed DRS to provide impartial, high-quality dispute resolution services for its Trusted Traders scheme. Over the years, we have introduced a range of viable services, such as NPIERS, which was designed by DRS and showcases our ability to innovate by providing a unique independent third-party service for the planning sector.
Internationally, we have contributed to the development of adjudication in Australia, New Zealand, and Canada; mediation in sub-Saharan Africa; conflict avoidance in the Middle East; and arbitration services in India.
We help to shape the development of ADR and related services across a variety of sectors, such as rural, residential, planning and development. We continue to give people and businesses access to ADR through our work in the built environment, for example: we have enabled many SME contractors to use Construction Act adjudication to determine smaller disputes through our leadership in designing the LVD MAP and summary services.
Major innovations and initiatives
With such an extensive history, it is no surprise that DRS is respected for its ADR thought leadership. We have used this influence to support diversity, launching initiatives such as the Women in Construction Scholarship. Following a successful campaign, women adjudicators now make up 10% of the RICS adjudicator panel, exceeding the industry average of 7.88%.
Another standout achievement is the creation of the Conflict Avoidance Coalition and Pledge. We pioneered a global coalition of major ADR, construction, and infrastructure organisations to promote collaboration in contracting and encourage early intervention measures. The subsequent launch of the Conflict Avoidance Pledge, growing interest in the Coalition, and adoption of the RICS Conflict Avoidance Process (CAP) into contracts have created a global movement with independent momentum. Recognition in the UK Government’s Construction Playbook was a pivotal moment and one we are immensely proud of.
Contributing to professional development and standards
From its earliest days, DRS has set industry best practice for ADR. We have contributed to around 20 RICS professional standards, with another currently in development to help members navigate the use of AI in ADR procedures.
As we look ahead, our commitment to setting and maintaining the highest professional standards remains unwavering. Soon we will introduce standards and guidance on the impact of technology on dispute resolution. This demonstrates our focus on continually embracing fresh challenges and opportunities.
We invite you to join us in celebrating our milestone anniversary throughout the year with events, initiatives, and exclusive content. Stay up to date with everything happening as part of DRS 50 by visiting https://www.rics.org/dispute-resolution-service/drs-celebrates-50-years.