Mediation In The Construction Industry

Author : Penny Brooker,Suzanne Wilkinson
Publisher : Routledge
Page : 222 pages
File Size : 48,9 Mb
Release : 2010-07-19
Category : Business & Economics
ISBN : 9781134029303

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Mediation in the Construction Industry by Penny Brooker,Suzanne Wilkinson Pdf

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 : David Richbell
Publisher : John Wiley & Sons
Page : 192 pages
File Size : 51,8 Mb
Release : 2009-01-21
Category : Technology & Engineering
ISBN : 9781444302547

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Mediation of Construction Disputes by David Richbell Pdf

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 : Feniosky Pena-Mora,Carlos E. Sosa,D. Sean McCone
Publisher : Unknown
Page : 296 pages
File Size : 44,6 Mb
Release : 2003
Category : Arbitration and award
ISBN : STANFORD:36105060713026

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Introduction to Construction Dispute Resolution by Feniosky Pena-Mora,Carlos E. Sosa,D. Sean McCone Pdf

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.

Author : Nicholas Gould
Publisher : Thomas Telford
Page : 298 pages
File Size : 46,5 Mb
Release : 1999
Category : Construction industry
ISBN : 0727728466

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Dispute Resolution in the Construction Industry by Nicholas Gould Pdf

"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

Author : P. Fenn,R. Gameson
Publisher : Routledge
Page : 456 pages
File Size : 40,6 Mb
Release : 2003-09-02
Category : Architecture
ISBN : 9781135827076

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Construction Conflict Management and Resolution by P. Fenn,R. Gameson Pdf

This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.

Author : Edward Davies,Peter Fenn,Michael O'Shea
Publisher : Routledge
Page : 888 pages
File Size : 44,5 Mb
Release : 2005-10-05
Category : Architecture
ISBN : 9781135807542

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Dispute Resolution and Conflict Management in Construction by Edward Davies,Peter Fenn,Michael O'Shea Pdf

Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Author : Andrew Agapiou,Deniz Artan Ilter
Publisher : Routledge
Page : 131 pages
File Size : 46,6 Mb
Release : 2016-11-10
Category : Technology & Engineering
ISBN : 9781317609889

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Court-Connected Construction Mediation Practice by Andrew Agapiou,Deniz Artan Ilter Pdf

The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.

Author : Robert Silver,Gary T. Furlong
Publisher : Markham, Ont. : LexisNexis Canada
Page : 129 pages
File Size : 45,5 Mb
Release : 2004
Category : Construction contracts
ISBN : 0433444789

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Construction Dispute Resolution Handbook by Robert Silver,Gary T. Furlong Pdf

"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
Page : 116 pages
File Size : 42,5 Mb
Release : 1999
Category : Arbitration and award
ISBN : 0727728369

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Dispute Resolution in the Construction Industry by Nicholas Gould Pdf

This title works its way through the spectrum of dispute resolution techniques, negotiation, mediation and conciliation, expert determination, adjudication, arbitration, litigation and more.

Author : National Research Council,Division on Engineering and Physical Sciences,Board on Infrastructure and the Constructed Environment,Federal Facilities Council
Publisher : National Academies Press
Page : 68 pages
File Size : 52,7 Mb
Release : 2007-10-09
Category : Technology & Engineering
ISBN : 9780309179980

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Reducing Construction Costs by National Research Council,Division on Engineering and Physical Sciences,Board on Infrastructure and the Constructed Environment,Federal Facilities Council Pdf

The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.

Author : Adrian L. Bastianelli (III),Charles M. Sink
Publisher : Unknown
Page : 750 pages
File Size : 55,6 Mb
Release : 2014
Category : Arbitration, Industrial
ISBN : 1627224157

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Construction ADR by Adrian L. Bastianelli (III),Charles M. Sink Pdf

Author : Andrew Agapiou
Publisher : Ethics International Press
Page : 264 pages
File Size : 42,7 Mb
Release : 2023-03-12
Category : Law
ISBN : 9781804410875

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Alternative Dispute Resolution in the Construction Industry by Andrew Agapiou Pdf

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.

Author : Penny Brooker,Suzanne Wilkinson
Publisher : Routledge
Page : 252 pages
File Size : 51,5 Mb
Release : 2010-07-19
Category : Law
ISBN : 9781134029297

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Mediation in the Construction Industry by Penny Brooker,Suzanne Wilkinson Pdf

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 : Sai On Cheung
Publisher : Springer Nature
Page : 408 pages
File Size : 52,9 Mb
Release : 2021-08-30
Category : Law
ISBN : 9783030802561

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Construction Dispute Research Expanded by Sai On Cheung Pdf

As an expansion of the book “Construction Dispute Research” published in 2014, this book presents further contributions and breaks into three new research foci in construction dispute studies. Part A discusses the conceptualization and minimization of biases in construction dispute decisions; Part B examines other impediments against settlement such as inequity, power asymmetry and loss aversion. Part C focuses on realty check of construction dispute negotiation conditions such as market competition, interdependence of contracting parties and dispute avoidance function of construction incentivization. This book showcases new ideas in construction dispute research. It offers research studies that are theory rich and conducted with robust methodologies. The research implications are practical and implementable.

Author : John P. Bachner
Publisher : Unknown
Page : 124 pages
File Size : 48,6 Mb
Release : 2024-06-09
Category : Electronic
ISBN : 1580740588

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Alternative Dispute Resolution for the Construction Industry by John P. Bachner Pdf