Gould, N and King, C (2010) The mediation of construction disputes: Recent research. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 163(1), pp. 29-39. ISSN 17514312
Abstract
Mediation can no longer be said to be a new phenomenon for the resolution of construction disputes. It has been used, in the commercial context, for the resolution of disputes in a wide range of industry sectors both before the commencement of and during formal proceedings. There are some useful data in respect of the use and effectiveness of mediation in the construction industry and court-annexed mediation services, however these are mainly anecdotal. In order properly to assess the effectiveness and cost savings associated with mediation in the construction industry, an industry-based survey was developed between King's College London and the Technology and Construction Court. This paper explores the results of that survey which indicate that the court appears to be dealing with fewer disputes which relate to changes in the scope of works, project delays and site conditions than those generally arising 10 years ago. The incentives to consider mediation provided for by the Civil Procedure Rules appear to be effective; and that those advising the parties to construction disputes now routinely consider mediation to try and bring about a resolution of the dispute. It is clear that mediation has transformed from a novel idea to an indispensable tool for construction litigators.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | disputes and arbitration |
| Index terms: | mediation, industry sector, survey, project delay, dispute, London, effectiveness, resolution, cost saving, construction industry, arbitration, construction dispute |
| Subjects: | data collection methods, dispute resolution, conflict resolution, project controls, industry analysis, economics, performance management, Geography |
| Topics: | Quality Management, Legal Issues, Geographical Context, Time Control, Stakeholder Management, Research Practice, Cost Management |
| Descriptive scope: | 5 PCTEA |
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