Court Connected Construction Mediation Practice

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Court Connected Construction Mediation Practice

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Author : Andrew Agapiou
language : en
Publisher: Routledge
Release Date : 2016-11-10

Court Connected Construction Mediation Practice written by Andrew Agapiou and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Technology & Engineering categories.

The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.

Mediation In The Construction Industry

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Author : Penny Brooker
language : en
Publisher: Routledge
Release Date : 2010-07-19

Mediation In The Construction Industry written by Penny Brooker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-19 with Law categories.

The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.

Court Connected Construction Mediation Practice

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Author : Andrew Agapiou
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-10

Court Connected Construction Mediation Practice written by Andrew Agapiou and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Technology & Engineering categories.

The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.

Mediation Of Construction Disputes

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Author : David Richbell
language : en
Publisher: John Wiley & Sons
Release Date : 2009-01-21

Mediation Of Construction Disputes written by David Richbell and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-21 with Technology & Engineering categories.

This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.

Alternative Dispute Resolution In The Construction Industry

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Author : Andrew Agapiou
language : en
Publisher: Ethics International Press
Release Date : 2023-03-12

Alternative Dispute Resolution In The Construction Industry written by Andrew Agapiou and has been published by Ethics International Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-12 with Law categories.

Construction disputes by their very nature are often complex, sometimes multi-party disputes, many of which are not suited to either adjudication or traditional form of litigation (which are often slow, expensive and divisive). The sheer complexity of construction creates a compelling case for the introduction of alternative approaches within this adversarial industry. This book traces the history, development, current status and future direction of Alternative Dispute Resolution (ADR) in the UK construction industry. It draws on the largest collection of Royal Institution of Chartered Surveyors-funded surveys on Scottish and English disputants’ perceptions and attitudes to ADR. It includes an examination of the key legislative and regulatory principles relating to ADR in the Construction sphere. The study also evaluates the role and functions of the Technology and Construction Court (TCC) in England and, with reference to case law, identifies its facilitative approach to ADR. The coherence of the TCC’s approach to issues such as refusal to resort to ADR is also examined. It will be a valuable reference work for scholars and practitioners in construction and the built environment, in the UK and internationally.

Aaa Handbook On Construction Arbitration And Adr Second Edition

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Author : American Arbitration Association
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2010-10-01

Aaa Handbook On Construction Arbitration And Adr Second Edition written by American Arbitration Association and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-01 with Law categories.

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Introduction To Construction Dispute Resolution

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Author : Feniosky Pena-Mora
language : en
Publisher:
Release Date : 2003

Introduction To Construction Dispute Resolution written by Feniosky Pena-Mora and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Arbitration and award categories.

For graduate and advanced undergraduate courses in Dispute Resolution. This text addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of Dispute Avoidance and Resolution Techniques in the construction industry throughout different cultures.

Construction Arbitration And Alternative Dispute Resolution

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Author : Renato Nazzini
language : en
Publisher: Taylor & Francis
Release Date : 2021-10-21

Construction Arbitration And Alternative Dispute Resolution written by Renato Nazzini and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Law categories.

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

Mediation Ethics

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Author : Rachael Field
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-05-29

Mediation Ethics written by Rachael Field and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-29 with Law categories.

Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.

Construction Incentivization

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Author : Sai On Cheung
language : en
Publisher: Springer Nature
Release Date : 2023-05-23

Construction Incentivization written by Sai On Cheung and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-23 with Technology & Engineering categories.

This book proposes ways to make construction project incentive schemes effective. In this book, construction incentivization is used as a collective term that includes all forms of incentive arrangements aiming to engender extra effort of the contracting parties for the improvement of project performance. This book addresses two questions: i) why so many construction incentive schemes are not delivering the desired outcome? and ii) what will make incentive works under different circumstances? This book contributes to the body of knowledge in construction incentivization by offering conceptualization, showcases and practice suggestions including guidelines for the planning of construction incentive schemes.