Alternative Dispute Resolution

Alternative Dispute Resolution

Simon Tolson discusses Alternative Dispute Resolution following the talk he gave at the Construction Law Summer School in September.

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.

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.

“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.

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"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”.