Preview
Preview

Trends in Construction Dispute Resolution Essay examples

No Works Cited
Length: 2054 words (5.9 double-spaced pages)
Rating: Blue      
Open Document




- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

MGMT311
Trends in construction dispute resolution
Introduction

10% of the UK’s gross national product is accounted for by construction activity, meaning there is a lot of dispute resolution and it comes in a wide variety of flavours. 35 years ago ‘alternative dispute resolution’ did not exists (Gaitskell states 27 years, but paper was done in 2005…), and the phrase ‘dispute resolution’ was rarely used. The only forms of dispute resolution regularly employed were court litigation and arbitration. On isolated occasions there might be an expert determination. These are all final determinations, subject only to appeals in confined circumstances.
In the last 10/18 years a range of new dispute resolution procedures has become available particularly in the construction industry. These new procedures are generally not finally determination in the same way that litigation, arbitration or expert determination is. They are mainly processes parties can use if they choose, in order to avoid final determination by a court, arbitrator or expert.
These new procedures have been adopted widely in the UK and abroad, because they offer parties the possibility of controlling and reducing the particular hazards associated with the determination procedures; namely cost, time and uncertainty of outcome.
The seven types of dispute resolution in this paper naturally divide themselves into two categories.
Final Determination Procedures
- Court Litigation
- Arbitration
-Expert Determination
Preliminary Determination Procedures
- Mediation
- Early neutral evaluation
- Adjudication
- Dispute boards/panels
Final Determination Procedures
Court Litigation
For the purpose of construction disputes ‘court litigation’ means trials in what was known as the Official ...


... middle of paper ...


... any incipient disputes. This generally avoids a dispute turning into arbitration.
The decision made is only temporarily binding, and can be disputed by a party, which will then have to go to court of arbitration. However dispute boards have good records, some 97% of disputes referred never go to arbitration or litigation. Use of dispute boards started in the US during the 1970s, and was adopted by the International Federation of Consulting Engineers (FIDIC) in the mid 1990’s. ICE published it’s dispute board rules in 2005, and its use looks set to expand further.
Conclusion
Broadly the number of construction arbitrations and court cases has reduced, by about a third in recent years as a result of the combined effects of the CPR on court litigation, adjudication and mediation. This is mainly driven by the obvious attractions of relatively low costs and high speed.



Click the button above to view the complete essay, speech, term paper, or research paper

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »
title







This essay is 100% guaranteed.


Title Length Color Rating  
Essay on The Pros and Cons of Alternative Dispute Resolution - This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate....   [tags: Alternative Dispute Resolution Essays]
:: 32 Works Cited
2720 words
(7.8 pages)
Research Papers [preview]
Alternate Dispute Resolution Essay - Alternate Dispute Resolution Alternate Dispute Resolution has many benefits serving as a legal substitute for resolving civil disputes. Most courts prefer the proceedings of an ADR as appose to Litigation. In some counties the option of ADR must be analyzed before attempting to initiate the proceedings of litigation. Most district courts along with appeal courts will oversee the negotiations of an ADR. In some circumstances ADRs do not settle well and in those instances the involvement of the courts will resolve the remaining disputes....   [tags: Alternate Dispute Resolution] 1409 words
(4 pages)
Strong Essays [preview]
Essay on Arbitration As A Means of Resolving Construction Disputes - Arbitration As A Means of Resolving Construction Disputes: Still Fit For Purpose. Synopsis Henry Essam This paper considers whether arbitration is suitable for resolving disputes within construction contracts. Unlike most other countries around the world, the UK is unique in the fact it has a Specialist court to deal with issues related to these issues, it is called the Technology and Construction Court. This court benefits from distinguished judges with years of industry experience, (Fletcher, 2013)....   [tags: construction dispute, delay, neutrality]
:: 1 Works Cited
1486 words
(4.2 pages)
Powerful Essays [preview]
Alternative Dispute Resolution Summary Essay - In Alternative Dispute Resolution (ADR), the informal dispute resolution process, each involved party mutually agrees to meet with a professional third party to constructively and efficiently resolve their dispute rather than go to court. Through ADR, the parties are encouraged to engage in negotiations that promptly lead to the resolution of their dispute. The most common forms of ADR are mediation and arbitration. Although ADR is usually conducted on a voluntary basis, sometimes the courts require it before the case is taken to court....   [tags: ADR Conflict Resolution] 763 words
(2.2 pages)
Strong Essays [preview]
Dispute Resolution Processes Essay - Introduction This paper will examine when it is appropriate to attempt alternative dispute resolution (ADR) processes for disputes and conversely when it is fitting for matters to be decided in a courtroom with black-robed judges and well dressed lawyers. Complementing the correct ‘intervention [courtroom, facilitative ADR or another form of ADR] at the right time, price and place with the right disputants’ is not necessarily an easy task (Wade 2010, p. 13) and the line separating alternative dispute resolution processes and judicial intervention can be blurred especially as judicial officers conduct, refer or mandate parties to participate in ADR (Sourdin, 2009, p....   [tags: Legal Process]
:: 22 Works Cited
2493 words
(7.1 pages)
Term Papers [preview]
Alternative Dispute Resolution (ADR) Essay - Alternative Dispute Resolution (ADR) Today the United States is a "sue happy" country. Over the last fifty years the crime rate has gone up. According to NationMaster.com, United Stated rank first in total crime with 23,677,800 which is much more than the second place Germany with 6,264,720. Total crime in this only includes rapes, murders, assaults, car theft. This information comes from the Seventh United Nations Survey of Crime Trends which covers 1988 to 2000. We have been introduced to a lot of new crimes that has arisen from the constant advancement in technology and more....   [tags: Court Case ADR Lawsuit] 1712 words
(4.9 pages)
Strong Essays [preview]
Dispute Resolution in Cyberspace Essay - Dispute Resolution in Cyberspace Alternative Dispute Resolution (ADR) methods have been in use since the early days of civilization.(1) In the middle ages, crimes were seen as acts of injury caused by one person against another. The parties were expected to reach an agreement that would restore both parties and the community to a state where all involved healed from injury.(2) As civilization has evolved, so has the types of conflicts and perspectives on conflict. The basic premise of conflict will always be the same: “an expressed struggle between at least two interdependent parties who perceive scarce resources, incompatible goals and interference from the other party in achieving their g...   [tags: Internet Communication Essays]
:: 8 Works Cited
3071 words
(8.8 pages)
Powerful Essays [preview]
Dispute Resolution Essay - Since the nature of the contract is to provide services, the performance should be constant and continuous. In addition, the duration being only for 12 months, time is essential. Considering the constant requirement of service provision for 12 months, one cannot afford to lose time and resources in a very lengthy Dispute Resolution (DR) exercise. Therefore, negotiation would be the best to serve the interest of parties in such cases. Negotiation however, cannot be used to achieve perfect understanding between differing parties....   [tags: Relational Contracting, Services]
:: 5 Works Cited
693 words
(2 pages)
Better Essays [preview]
Dispute Resolution Essay - The McGraw-Hill Companies The McGraw-Hill Companies (McGraw-Hill) is one of the world’s largest producers of textbooks, tests, and related materials, serving the elementary, secondary, and higher education markets. (Hoovers, 2008). McGraw-Hill has various ways in which an employee can resolve workplace issues, including the use of its Employee Hotline and going through the natural progression of communication with managers, supervisors, human resources and McGraw-Hill’s corporate Equal Employment Opportunity department....   [tags: Work Workplace] 888 words
(2.5 pages)
Strong Essays [preview]
Essay on Alternative Dispute Resolution - Alternative Dispute Resolution There are various ways of settling disputes without using the civil courts, these are knows as Alternative Dispute Resolution, or ADR which are used mainly in construction, family, commercial and employment issues. There are 3 main types of ADR: conciliation, mediation and arbitration, this essay will explore how they work and what is involved in each process. Mediation A mediator, a neutral third person is appointed to help both parties reach an agreement, which they will both find acceptable, already we can see an advantage over court hearings because in court hearing only one person can win fully, whereas in mediation both pa...   [tags: Papers] 1247 words
(3.6 pages)
Strong Essays [preview]