On keeping stumm
Bingham, T
On keeping stumm - 2001 - Building 266(8186) 25 May 2001, 54-55(2) .
Examines the contentious issue of bias in dispute resolution. Suggests that adjudictors should be wary of creating an impression of bias, as this is construed by judges as actual bias; the test for apparent bias is only testing for the impression of bias rather than reality. Concludes that it is unrealistic for adjudicators to stifle observations or thoughts just in case they are accused of bias, and suggests that the test for bias should therefore be modified.
BIAS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
IMPARTIALITY
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
CONSTRUCTION DISPUTES
On keeping stumm - 2001 - Building 266(8186) 25 May 2001, 54-55(2) .
Examines the contentious issue of bias in dispute resolution. Suggests that adjudictors should be wary of creating an impression of bias, as this is construed by judges as actual bias; the test for apparent bias is only testing for the impression of bias rather than reality. Concludes that it is unrealistic for adjudicators to stifle observations or thoughts just in case they are accused of bias, and suggests that the test for bias should therefore be modified.
BIAS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
IMPARTIALITY
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
CONSTRUCTION DISPUTES