Dispute resolution: the avoidance and multi-stage procedures
Gould, N
Dispute resolution: the avoidance and multi-stage procedures - 2001 - CSM November/December 2001, 32(1) .
Argues that dispute avoidance and the use of an appropriate dispute resolution procedure are important factors to consider in construction disputes. Briefly discusses techniques of dispute avoidance such as partnering and contract mediation (co-med). Outlines the development of multi-stage dispute resolution procedures in the JCT and ICE standard forms of contract which have both gradually moved away from just using arbitration. Looks at the use of a disputes review board (DRB) and a dispute review advisor (DRA) by bespoke construction contracts. Concludes that the use of co-med to avoid disputes is growing and that multi-stage procedures are also being widely used to stop a dispute before it becomes out of hand.
DISPUTE RESOLUTION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
JCT STANDARD FORMS
ICE FORMS OF CONTRACT
DISPUTE AVOIDANCE
CONTRACTED MEDIATION
PARTNERING
CONSTRUCTION DISPUTES
PROCEDURES
FACILITIES MANAGEMENT
Dispute resolution: the avoidance and multi-stage procedures - 2001 - CSM November/December 2001, 32(1) .
Argues that dispute avoidance and the use of an appropriate dispute resolution procedure are important factors to consider in construction disputes. Briefly discusses techniques of dispute avoidance such as partnering and contract mediation (co-med). Outlines the development of multi-stage dispute resolution procedures in the JCT and ICE standard forms of contract which have both gradually moved away from just using arbitration. Looks at the use of a disputes review board (DRB) and a dispute review advisor (DRA) by bespoke construction contracts. Concludes that the use of co-med to avoid disputes is growing and that multi-stage procedures are also being widely used to stop a dispute before it becomes out of hand.
DISPUTE RESOLUTION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
JCT STANDARD FORMS
ICE FORMS OF CONTRACT
DISPUTE AVOIDANCE
CONTRACTED MEDIATION
PARTNERING
CONSTRUCTION DISPUTES
PROCEDURES
FACILITIES MANAGEMENT