Articles - Alternative Dispute Resolution archive

"The courts and ADR"

November 2004

Nicholas Gould, in a paper given to the Centre of Construction Law and Management at King's College London, considers the approach of the courts to mediation in the light of recent case law. The paper also outlines the relatively new process of contracted mediation and considers the approach of the Constructor's Conciliator's Group to home owner disputes.

"Enforcing a Dispute Board’s decision: issues and considerations"

This paper, written by Nicholas Gould, considers the enforcement of a Dispute Adjudication Board’s (DAB) decision by way of international commercial arbitration under the FIDIC forms of contract.

"The Mediation of Construction Disputes: Recent Research"

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

"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. 

"Dispute boards"

This article, written by Nicholas Gould, looks at the developments of dispute boards, and then focuses on their categorisation and use and practice.

Earlier articles - in HTML format

Benefits of arbitration in the context of ADR
September 2003

Nicholas Gould considers whether the benefits of arbitration are still valid in the light of the developing Alternative Dispute Resolution process. The paper, prepared for International Business Conferences Summer School, also considers the impact of adjudication and ADR on both arbitration and litigation.
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Effective dispute resolution
15-16 May 2003

"Mediating Construction Disputes: An Evaluation of Existing Practice" full report available for download

February 2010

"Establishing dispute boards; selecting, nominating and appointing dispute board members"

6-7 May 2006

Nicholas Gould, in a paper given to the 6 th annual DRBF International Conference held at Budapest on 6-7 May 2006, discusses the establishment of dispute boards.  In his analysis, Nicholas considers the standard FIDIC, ICC and ICE provisions as well as those contained within the World Bank procurement procedures. 

"Alternatives to the Dispute Board - Project Mediation"

5 October 2007

Karen Gidwani, in a paper given at the FIDIC Contracts Conference 2007, considers the application of project mediation to the FIDIC form. In her analysis, Karen considers how project mediation works and discusses the CEDR model project mediation protocol and agreement, a joint Fenwick Elliott and CEDR initiative launched in December 2006.

"Dispute resolution in the construction industry: an overview"

September 2004

Nicholas Gould, in a paper given to the Centre of Construction Law and Management at King's College London and to the Junior Committee of the Society of Construction Law, provides an introduction to the dispute resolution techniques that are frequently encountered in the construction industry. The paper focuses on the UK domestic market, but also considers international dispute adjudication boards.