Court Connected Construction Mediation Practice

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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.
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.
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 Dispute Research Expanded
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Author : Sai On Cheung
language : en
Publisher: Springer Nature
Release Date : 2021-08-30
Construction Dispute Research Expanded 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 2021-08-30 with Law categories.
As an expansion of the book “Construction Dispute Research” published in 2014, this book presents further contributions and breaks into three new research foci in construction dispute studies. Part A discusses the conceptualization and minimization of biases in construction dispute decisions; Part B examines other impediments against settlement such as inequity, power asymmetry and loss aversion. Part C focuses on realty check of construction dispute negotiation conditions such as market competition, interdependence of contracting parties and dispute avoidance function of construction incentivization. This book showcases new ideas in construction dispute research. It offers research studies that are theory rich and conducted with robust methodologies. The research implications are practical and implementable.
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.
The Law Of Construction Disputes
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Author : Cyril Chern
language : en
Publisher: Informa Law from Routledge
Release Date : 2021-09-30
The Law Of Construction Disputes written by Cyril Chern and has been published by Informa Law from Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with categories.
Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on construction law including contracts, third parties, pursuing claims and dispute resolution.
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.
Nordic Mediation Research
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Author : Anna Nylund
language : en
Publisher: Springer
Release Date : 2018-04-03
Nordic Mediation Research written by Anna Nylund and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-03 with Law categories.
This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
Global Construction Data
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Author : Stephen Gruneberg
language : en
Publisher: Routledge
Release Date : 2019-08-12
Global Construction Data written by Stephen Gruneberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-12 with Architecture categories.
Global construction data is vital for contractors, governments, international organisations, policy makers, academic researchers and statisticians. As the global population of the world expands, the sustainability of the built environment raises the political agenda and the need to manage infrastructure and buildings in both urban and rural contexts becomes ever more pressing. How much more can the built environment grow and how can it be managed sustainably? This edited volume addresses how we can find a possible way through the inconsistencies between national construction data sets to devise a consistent approach to national construction data to further the global sustainability agenda and inform policy making. This search begins in Part I, which looks at the methods and definitions used in construction statistics in different countries. Part II considers examples of different types of construction data from the cost of materials, measuring work on high rise buildings and existing stock. In Part III, the authors consider construction data internationally, beginning with the problem of comparing data in different countries using exchange rates and purchasing power parities (PPPs), comparing innovation processes in different countries and looking at the provision of building design internationally. In Part IV, the international theme is continued by comparing accounting practices and company performance in different countries and concludes with an international comparison of construction industries. This book raises awareness of the significance of the construction industry globally and the importance of data to measure it. It informs the discussion of the best ways of handling the consequences of policies affecting the built environment and the effect of the built environment on the rest of the economy and society. It is essential reading for international economists, construction industry consultants, policy makers, construction statisticians and academics.