Med-ad keeps disputes out of the courts
Atkinson, D.
Med-ad keeps disputes out of the courts - 2002 - Construction News (6753) 14 February 2002, 10(1) .
Describes combining mediation and arbitration to resolve construction disputes, joining both terms into med-ad. Cites "Glencot Development and Design v Ben Barratt & Son" as case where adjudicator acting as mediator led to partiality. Med- ad approach differs in that parties sign an agreement confirming that any party can refer the dispute to adjudication at any time, thus reconciling conflicting requirements of mediator's and arbitrator's roles. In "Floods of Queensferry v Shand Construction", judge encouraged informal approach to clarify issues in advance of any court hearing. Med-ad process can speed up process and reaffirms current thinking of reduction of confrontation and encouraging dialogue. Example of Atkinson's Law suggested form of agreement for med-ad can be found at http://www.atkinson-law.com
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
MEDIATION
DISPUTES
GLENCOT DEVELOPMENT & DESIGN CO LTD V BARRATT & SON
FLOODS OF QUEENSFERRY LTD V SHAND CONSTRUCTION AND OTHERS
Med-ad keeps disputes out of the courts - 2002 - Construction News (6753) 14 February 2002, 10(1) .
Describes combining mediation and arbitration to resolve construction disputes, joining both terms into med-ad. Cites "Glencot Development and Design v Ben Barratt & Son" as case where adjudicator acting as mediator led to partiality. Med- ad approach differs in that parties sign an agreement confirming that any party can refer the dispute to adjudication at any time, thus reconciling conflicting requirements of mediator's and arbitrator's roles. In "Floods of Queensferry v Shand Construction", judge encouraged informal approach to clarify issues in advance of any court hearing. Med-ad process can speed up process and reaffirms current thinking of reduction of confrontation and encouraging dialogue. Example of Atkinson's Law suggested form of agreement for med-ad can be found at http://www.atkinson-law.com
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
MEDIATION
DISPUTES
GLENCOT DEVELOPMENT & DESIGN CO LTD V BARRATT & SON
FLOODS OF QUEENSFERRY LTD V SHAND CONSTRUCTION AND OTHERS