000			01640cam a2200241 4500
001			ABS66341
008			030130n2003 000 0 eng u
035			_a(Sirsi) u121176
100			_aDodsworth, C.
245			_aContracts keep litigation at bay with mediation clauses
260			_c2003
490			_aConstruction News _v (6799) 16 January 2003, 12(1)
520			_aLooks 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			_aABS
650			_aCABLE AND WIRELESS PLC v IBM (UK) LTD
650			_aALTERNATIVE DISPUTE RESOLUTION
650			_aMEDIATION
650			_aTIERED CLAUSES
650			_aCONSTRUCTION DISPUTES
690			_aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2002/2059.html&query=Cable and Wireless _zView the judgment on the BAILII website...
942			_n0
999			_c72003 _d72003