Transcription of DISPUTE RESOLUTION IN THE CONSTRUCTION …
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DISPUTE RESOLUTION IN THE CONSTRUCTION …
DISPUTE RESOLUTION IN THE CONSTRUCTION INDUSTRY: AN OVERVIEW Nicholas Gould 9 September 2004 CONSTRUCTION LAW SEMINAR: INTRODUCTION TO THE BASICS 2004 Introduction This paper provides an introduction to the DISPUTE RESOLUTION techniques that are frequently encountered in the CONSTRUCTION industry. The focus is the UK domestic market, but international DISPUTE adjudication boards are also considered. Arbitration has been the traditional method for the RESOLUTION of CONSTRUCTION disputes for many years, until the introduction of a range of ADR techniques, adjudication and the introduction of pre-action protocols in litigation. The three core processes of DISPUTE RESOLUTION are considered before introducing the range of frequently encountered techniques. Each of the main DISPUTE RESOLUTION techniques is then considered in turn.
3 Nicholas Gould – Fenwick Elliott LLP Table 1: Facilitative and evaluative processes Mediation or Conciliation Facilitative The mediator/conciliator aids the negotiation
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