Contracts keep litigation at bay with mediation clauses (Record no. 72003)

MARC details
000 -LEADER
fixed length control field 01640cam a2200241 4500
001 - CONTROL NUMBER
control field ABS66341
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030130n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u121176
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Dodsworth, C.
245 ## - TITLE STATEMENT
Title Contracts keep litigation at bay with mediation clauses
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Construction News
Volume/sequential designation (6799) 16 January 2003, 12(1)
520 ## - SUMMARY, ETC.
Summary, etc. Looks at "Cable and Wireless plc v IBM (UK)" [2002] where the client sought to go staight to court circumventing a clause in its contract, which set out the use of a tiered dispute resolution method. Tiered clauses, which include a requirement to try to resolve disputes by alternative dispute resolution, are becoming more familiar in the construction industry, particularly in involved cases such as PFI or partnering contracts. The parties can resolve their differences more quickly, and can aim for a negotiated settlement, and only resort to litigation when other solutions have failed. In this case, even though the clause did not make it clear that mediation was a precondition to litigation, the judge treated it as if it were. View judgment at www.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CABLE AND WIRELESS PLC v IBM (UK) LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ALTERNATIVE DISPUTE RESOLUTION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MEDIATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TIERED CLAUSES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONSTRUCTION DISPUTES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2002/2059.html&query=Cable and Wireless">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2002/2059.html&query=Cable and Wireless</a>
Public note View the judgment on the BAILII website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 30/01/2003   ABS66341 121176-1001 06/08/2019 1 06/08/2019 Journal article