Mediation In The Construction Industry
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| Author | : Penny Brooker |
| Publisher | : Routledge |
| Total Pages | : 252 |
| Release | : 2010-07-19 |
| Genre | : Law |
| ISBN | : 1134029292 |
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.
| Author | : David Richbell |
| Publisher | : John Wiley & Sons |
| Total Pages | : 192 |
| Release | : 2009-01-21 |
| Genre | : Technology & Engineering |
| ISBN | : 144430254X |
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.
| Author | : Penny Brooker |
| Publisher | : Routledge |
| Total Pages | : 222 |
| Release | : 2010-07-19 |
| Genre | : Business & Economics |
| ISBN | : 1134029306 |
The application of construction dispute procedures has changed dramatically over the years. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It also presents an international collection of reviews by experts.
| Author | : Paula Gerber |
| Publisher | : |
| Total Pages | : 493 |
| Release | : 2013 |
| Genre | : Construction industry |
| ISBN | : 9780409333077 |
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.
| Author | : Sai On Cheung |
| Publisher | : Springer |
| Total Pages | : 408 |
| Release | : 2014-07-08 |
| Genre | : Technology & Engineering |
| ISBN | : 331904429X |
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.
| Author | : Robert Silver |
| Publisher | : Markham, Ont. : LexisNexis Canada |
| Total Pages | : 129 |
| Release | : 2004 |
| Genre | : Construction contracts |
| ISBN | : 9780433444787 |
"This best practices manual will show you how to use alternative dispute resolution to handle construction disputes. Construction mediation experts Silver and Furlong explain strategies for minimizing conflict before, during and after a project. You'll achieve solutions faster, save significant amounts of money, and maintain business relationships for future projects."--Pub. desc.
| Author | : Nicholas Gould |
| Publisher | : Thomas Telford |
| Total Pages | : 116 |
| Release | : 1999 |
| Genre | : Arbitration and award |
| ISBN | : 9780727728364 |
This title works its way through the spectrum of dispute resolution techniques, negotiation, mediation and conciliation, expert determination, adjudication, arbitration, litigation and more.
| Author | : Jeffery Whitfield |
| Publisher | : John Wiley & Sons |
| Total Pages | : 185 |
| Release | : 2012-07-12 |
| Genre | : Technology & Engineering |
| ISBN | : 1118298691 |
Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
| Author | : John W. Cooley |
| Publisher | : Ntl Inst for Trial Advocacy |
| Total Pages | : 608 |
| Release | : 2003-10 |
| Genre | : Law |
| ISBN | : 9781556817991 |
This insightful guide to the arbitration process will help you achieve the best results for clients in all types of arbitration settings - from commercial to labor. John W. Cooley, an experienced judge, trial attorney, arbitrator, and mediator, and Steven Lubet, author of NITA's best-selling Modern Trial Advocacy have written this book to describe an up-to-date description of the arbitration process for advocates. You will get specific advice on: The arbitration process, Prehearing considerations, Advocacy at the arbitration hearing, Effective openings and closings, Tactical considerations in shaping the process. Arbitration Advocacy, Second Edition, contains a chapter on attorney ethics and a chapter on cyberarbitration which explores the variety of online dispute resolution services available, the benefits and limitations with the use of cyberarbitration, and considerations in selecting a cyberarbitration service and cyberarbitrator. Detailed checklists help you choose the appropriate arbitration forum and panel, and give guidance on drafting pleadings. The appendices include sample arbitration agreements and forms, commercial arbitration and ethics rules, a list of firms offering arbitration services, a list of ODR service provider Web sites, and procedures for online arbitration.
| Author | : Michael Stone |
| Publisher | : Craftsman Book Co |
| Total Pages | : 316 |
| Release | : 1999-01-01 |
| Genre | : Technology & Engineering |
| ISBN | : 9781572180710 |
In order to succeed in a construction business you have to be able to mark up the price of your jobs to cover overhead expenses and make a decent profit. The problem is how much to mark it up. You don't want to lose jobs because you charge too much, and you don't want to work for free because you've charged too little. If you know how much to mark up you can apply it to your job costs and arrive at the right sales price for your work. This book gives you the background and the calculations necessary to easily figure the markup that is right for your business. Includes a CD-ROM with forms and checklists for your use.
