000 01558cam a2200229 4500
001 ABS65119
008 020228n2002 000 0 eng u
035 _a(Sirsi) u116895
100 _aAtkinson, D.
245 _aMed-ad keeps disputes out of the courts
260 _c2002
490 _aConstruction News
_v(6753) 14 February 2002, 10(1)
520 _aDescribes 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
590 _aABS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650 _aMEDIATION
650 _aDISPUTES
650 _aGLENCOT DEVELOPMENT & DESIGN CO LTD V BARRATT & SON
650 _aFLOODS OF QUEENSFERRY LTD V SHAND CONSTRUCTION AND OTHERS
690 _aDispute resolution
_96236
942 _n0
999 _c69632
_d69632