Dispute Avoidance
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Construction Dispute Research
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Author : Sai On Cheung
language : en
Publisher: Springer
Release Date : 2014-07-08
Construction Dispute Research written by Sai On Cheung and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-08 with Technology & Engineering categories.
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
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.
Best Practice In Construction Disputes
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Author : Paula Gerber
language : en
Publisher:
Release Date : 2013
Best Practice In Construction Disputes written by Paula Gerber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Construction industry categories.
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Dispute Prevention And Settlement Through Expert Determination And Dispute Boards
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Author : Filip De Ly
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Dispute Prevention And Settlement Through Expert Determination And Dispute Boards written by Filip De Ly and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
Dispute avoidance isnotgenerally on the mind ofbusinessesand their in-house legal counseluntila disputehits. Thisbookdeals with theprevention ofdisputes and their settlement through two specific methods: Dispute Boards and Expert Determination. These two methodsareoften used by the international business community to reduce the riskof being involved in long and complex factual disputes. Thirteen international experts share theirknowledge and their experience on theimpactof applicable law, contract law issues, proceduralissuesand the relationship between Expert Determination or Dispute Boards on the one hand and litigation and arbitration on the other. Specific topics dealt within thebook include the challenges of Expert Determination in M&A transactions, Expert Determination by Accounting firms including real-life examplesas wellas the 2015ICC DisputeBoard Rules, the settlement ofdisputes including under the FIDIC formsof contract and recent case law on DisputeBoards.
Guide To Leading Practice For Dispute Avoidance And Resolution
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Author :
language : en
Publisher:
Release Date : 2009
Guide To Leading Practice For Dispute Avoidance And Resolution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Construction contracts categories.
Disputes And International Projects
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Author : D.G. Carmichael
language : en
Publisher: CRC Press
Release Date : 2002-01-01
Disputes And International Projects written by D.G. Carmichael and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with Technology & Engineering categories.
This unique book focuses on a number of issues to do with contractual disputes – avoidance and resolution – within projects, and provides this in an international context. All disputes cost money and time, without adding value to the project and some disputes appear to be unavoidable. Disputes can however be managed so as to reduce the negative impact that they have and some can even be avoided by adopting appropriate practices in a timely manner. This book covers; Dispute avoidance practices and non-adversarial projects, as well as issues of trust, goodwill and cooperation. A framework for negotiation, and a range of alternative methods of dispute resolution. Case studies, involving single and multiple cultures.
Resolution Of Disputes To Avoid Construction Claims
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Author : Barry B. Bramble
language : en
Publisher: Transportation Research Board
Release Date : 1995
Resolution Of Disputes To Avoid Construction Claims written by Barry B. Bramble and has been published by Transportation Research Board this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.
Dispute Resolution
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Author : Stephen B. Goldberg
language : en
Publisher: Aspen Publishing
Release Date : 2022-10-27
Dispute Resolution written by Stephen B. Goldberg and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Regulating Dispute Resolution
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Author : Felix Steffek
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Regulating Dispute Resolution written by Felix Steffek and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.
Conflict Avoidance And Dispute Resolution In Construction
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Author :
language : en
Publisher:
Release Date : 2012
Conflict Avoidance And Dispute Resolution In Construction written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Conflict management categories.