December 2012
In this paper, Nicholas Gould considers the use of expert determination in resolving construction disputes.
Expert determination has been used for many years as a means of independent valuation, but it lends itself particularly well to the economic and definitive resolution of valuation based disputes in the construction industry. Nicholas discusses why he thinks it could be used more frequently and even included within the contracts at the outset.
December 2012
In this paper, Nicholas Gould discusses a five-party dispute arising out of the improvement and hard landscaping in the busiest part of a town centre, for which he was the mediator.
Read the features of the case, information on the mediation and learning points to take from it.
December 2012
Nicholas Gould outlines some of the key issues covered in the RICS Guidance Note for Conflict Avoidance and Dispute Resolution in Construction.
Considering how disputes may arise and then taking proactive steps to avoid them is important for all those involved in construction projects. Good communication and looking for objective solutions to avoid conflict will help once the project is under way.
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.
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.
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.
December 2009
The following article by written by Nicholas Gould, Partner, Fenwick Elliott was published in The Journal of the Dispute Resolution (volume 3 No 2)section of the International Bar Association. The same article was also published in Management, Procurement and Law publication (volume 163) of the Institution of Civil Engineers and it received coverage on the Practical Law website www.practicallaw.com
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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