Alternative Adjudication

Alternative Adjudication
Author: Robert J. MacCoun
Publisher:
Total Pages: 134
Release: 1988
Genre: Arbitration and award
ISBN: 9780833009258

In 1985, New Jersey implemented a statewide program of mandatory court-administered arbitration of automobile injury lawsuits. In order to evaluate the program, the Institute for Civil Justice (ICJ) examined court records for a random sample of more than 1,000 auto negligence cases filed in either 1983 (pre-arbitration) or 1985 (post-arbitration), and surveyed approximately 300 litigants and 400 attorneys. No significant changes in trial rates or litigation costs were found. However, the program has had some unanticipated effects. Cases that are assigned to the program are significantly less likely to settle privately without a third-party hearing and, on average, take significantly longer to terminate than in the pre-arbitration period. Both litigants and attorneys evaluate arbitration hearings quite favorably. It appears that the program is providing disputants greater access to third-party hearings, but not greater efficiency.

A Practical Guide to Construction Adjudication

A Practical Guide to Construction Adjudication
Author: James Pickavance
Publisher: John Wiley & Sons
Total Pages: 768
Release: 2015-10-22
Genre: Law
ISBN: 1118717937

In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.

A Practical Approach to Alternative Dispute Resolution

A Practical Approach to Alternative Dispute Resolution
Author: Susan Blake
Publisher: Oxford University Press
Total Pages: 669
Release: 2016
Genre: Law
ISBN: 0198747667

This text will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. It covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

Oxford Studies in Normative Ethics, Vol 7

Oxford Studies in Normative Ethics, Vol 7
Author: Mark C Timmons
Publisher: Oxford University Press
Total Pages: 348
Release: 2017-11-03
Genre: Philosophy
ISBN: 0192536613

Oxford Studies in Normative Ethics is an annual forum for new work in normative ethical theory. Leading philosophers present original contributions to our understanding of a wide range of moral issues and positions, from analysis of competing approaches to normative ethics (including moral realism, constructivism, and expressivism) to questions of how we should act and live well. OSNE will be an essential resource for scholars and students working in moral philosophy.

Dispute Resolution in the Construction Industry

Dispute Resolution in the Construction Industry
Author: Nicholas Gould
Publisher: Thomas Telford
Total Pages: 298
Release: 1999
Genre: Construction industry
ISBN: 9780727728463

"The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved

Sourcebook on English Legal System

Sourcebook on English Legal System
Author: David Kelly
Publisher: Routledge
Total Pages: 608
Release: 2012-10-02
Genre: Law
ISBN: 1135342520

Designed for students who may not have ready access to a law library, and for students on part-time and distance learning courses, the Sourcebook series offers a collection of material from a diversity of sources. The sources are annotated to set the materials in context and to explain their relevance and importance. This volume contains a representative selection of cases and statutes which cover such topics as the nature of law, sources of law, and the structure and jurisdiction of the civil and criminal courts. The legal profession and the interpretation of statutes are also discussed.

Alternative Dispute Resolution in the Construction Industry

Alternative Dispute Resolution in the Construction Industry
Author: Andrew Agapiou
Publisher: Ethics International Press
Total Pages: 264
Release: 2023-11-25
Genre: Law
ISBN: 180441087X

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.