Nicholas Gould and Olivia Liang discuss conflict avoidance and the use of alternative dispute resolution in the UK construction industry. The article particularly focuses on techniques for dispute prevention, the growth in importance of mediation; adjudication; and the key features of dispute boards.
Alternative Dispute Resolution
Conflict avoidance and Alternative Dispute Resolution in the UK construction industry
Click to download PDFThe mediation of property and valuation disputes
Nicholas Gould and Roma Patel assess research findings that show the benefits of mediation in construction and property related disputes (namely its cost benefits and maintenance of working relationships) and discuss the findings from Centre for Effective Dispute Resolution’s Ninth Mediation Audit. The article was originally published in The Journal of Building Survey, Appraisal and Valuation Volume 11 Number 1.
Dispute Resolution Guide: A Brief Introduction to Dispute Resolution in the Construction Industry
Nicholas Gould provides us with a guide on Dispute Resolution, focusing on how recent trends have shaped dispute within the construction industry.
Alternative Dispute Resolution
Simon Tolson discusses Alternative Dispute Resolution following the talk he gave at the Construction Law Summer School in September.
What constitutes an unreasonable failure to mediate
In the 2013 case of PGF II SA v OMFS Co & Anr, [2013] EWCA Civ 1537, the Court of Appeal had to consider whether silence in response to a mediation proposal was the equivalent of a refusal to mediate. It was. There have been two cases in 2017 where it was suggested that one of the parties had, instead of ignoring the mediation proposal, unreasonably delayed or dragged their feet. Was that also equivalent to a refusal to mediate?
"Mediation guide - the basics"
Nicholas Gould provides a basic guide to mediation and covers what is mediation; what are the benefits of mediation; the mediation process; the mediators role, why mediation and mediation in construction disputes.