"Dispute adjudication or dispute avoidance under the FIDIC form?"

November 2012

In an article written for our Autumn edition of International Quarterly, Jeremy Glover discusses one of the more interesting themes to emerge from the recent DRBF Regional Conference in Qatar – dispute avoidance.

There has been an increasing recognition of the value of “dispute avoidance” as a partner with “dispute adjudication”. Ultimately, prevention is better than cure and as more parties become familiar with that concept, they will be more willing to explore alternative ways and approaches to solving their differences.

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"Recent trends in dispute resolution"

November 2011

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"RICS Legal issues in Construction 2010"

November 2010

In this paper, Nicholas Gould looks at how mediation has become an established dispute resolution technique in the construction industry. Mediation can be expressly referred to in the construction contract, and as part of a dispute escalation clause. This paper considers not just the growth of mediation but also puts it in context by referring to adjudication as well as litigation and arbitration in the construction industry.

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"Mediation in construction disputes: an interim report"

June 2007

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"Adjudication and ADR: an overview"

February 2007

In this paper, Nicholas Gould provides an introduction to adjudication and ADR in the construction industry. The focus is the UK domestic market, but international dispute adjudication boards are also considered. Arbitration was the traditional method for the resolution of construction disputes for many years, until the introduction of a range of ADR techniques, adjudication and the introduction of pre-action protocols in litigation.

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"The A-Z of dispute resolution"

May 2006

Victoria Russell, in a paper given at the 12th Fenwick Elliott Adjudication Update Seminar, discusses the key forms of dispute resolution including adjudication, arbitration, dispute resolution boards, early neutral evaluation, expert determination, litigation, mediation, the mini-trial, negotiation and project (or contracted) mediation. 

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