Alternative Dispute Resolution

"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.
Click to read full article

Effective dispute resolution
15-16 May 2003