Bowes, D (2008) Identifying barriers to the establishment of dispute boards in UK construction. In: Dainty, A (ed.) Proceedings of 24th Annual ARCOM Conference, 1-3 September 2008, Cardiff, UK.
Abstract
The process of dispute resolution is constantly evolving and the UK Construction industry continues to develop methods of alternative dispute resolution, particularly methods which may prevent disputes from occurring. One such method is the Dispute Board, which is a panel appointed at the beginning of a contract to advise the parties of situations where disputes are likely to arise and how to avoid them. Dispute Boards have been popular in the U.S.A for several years, which leads one to question why they have been little used in the U.K. A Delphi Survey was conducted amongst Construction Professionals, Lawyers, Arbitrators / Adjudicators and Clients in order to identify the barriers to Dispute Boards becoming an established method of alternative dispute resolution in the UK Construction Industry. The results show that barriers to the incorporation of Dispute Boards in the UK Construction Industry include poor attitudes towards new methods, the presence of adjudication, the lack of knowledge and understanding by clients and lack of practical experience by Dispute Boards. The implications of this are discussed.
| Item Type: | Conference Paper (Paper) |
|---|---|
| Uncontrolled Keywords: | alternative dispute resolution; delphi survey; dispute boards |
| Index terms: | alternative dispute resolution, arbitrator, resolution, construction industry, adjudicator, construction professional, presence, dispute, lawyer, adjudication, Delphi survey, becoming |
| Subjects: | environmental science, data collection methods, profession, dispute resolution, practitioner, conflict resolution, philosophical process, industry analysis, professional development, contract management |
| Topics: | Information Management, Research Practice, Stakeholder Management, Roles and Professions, Sustainability, Legal Issues, Contract Administration |
| Descriptive scope: | 4 PCTE |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here