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.
Articles - Alternative Dispute Resolution archive
Click to download PDF“Case law update – Mediation”
Victoria Russell provided a case law update paper and talk to the members of the South East branch of the Chartered Institute of Arbitrators.
"Mediation: is it ever reasonable to decline a request to mediate?"
This paper by Jeremy Glover looks at mediation and whether it is ever reasonable to decline a request to mediate. In light of recent court cases many might agree that the answer to this question is “no”.
"The New CIArb Dispute Board Rules"
In this paper Nicholas Gould discusses dispute boards as a dispute resolution mechanism, and how the new CIArb Rules apply by comparison to the other leading forms of Dispute Board Rules. Nicholas has also produced a useful comparison table of Dispute Board Rules.
"DRBF Forum - 2014 Chartered Institute of Arbitrators Dispute Board Rules"
February 2015
The Chartered Institute of Arbitrators (CIArb) produced and published in August 2014 a set of international commercial Dispute Board rules. Although a variety of Dispute Board rules already existed, they only focused on the construction industry. In addition, some rules are drafted as an integral part of a standard form contract while others can be incorporated. The new CIArb rules can now be used on any medium- or long-term project, whether construction, IT, commercial or otherwise.
"Dispute Resolution in the Construction Industry"
The intention at the outset of any construction contract is for the project to run as smoothly as possible with parties hopeful that the works will be completed on time and to budget. In this article Lyndon Smith summarises the main dispute resolution processes generally available in demolition and construction.
"Getting the Deal Through – Construction 2014"
February 2014
In this publication Stacy Sinclair answers questions on English law ranging from bribery to mediation and everything in between. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Construction 2014, (published in August, 2013; contributing editor: Robert S Peckar of Peckar & Abramson, PC). For further information please visit www.GettingTheDealThrough.com [12].
"Disputes in the UK Construction Industry"
July 2013
Dispute in business is inevitable, and the construction industry is no different. Disputes arise within this sector for all sorts of reasons, with several possible ways by which to resolve them. However, although often resolvable, disputes inevitably bring many challenges and legal issues to take into consideration. In this Q&A, Simon Tolson talks to ‘Lawyer Monthly’ about his view on these issues.
"FIDIC issue Guidance on DAB Decisions"
April 2013
Nicholas Gould discusses the recently issued FIDIC Guidance Note which deals with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions. The new Guidance Note suggests amendments to clause 20. These changes are as a result of confusion in the nature of the decision, and the manner in which a dispute about a DAB decision is then dealt with in arbitration. The amendments to the FIDIC provisions should be included in future contracts and will avoid any problems of this nature.