Med-ad keeps disputes out of the courts
Series: Construction News ; (6753) 14 February 2002, 10(1)Publication details: 2002Subject(s): Summary: 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| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS65119 (Browse shelf(Opens below)) | 1 | Available | 116895-1001 |
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