Conciliation in construction disputes - Revision history

Designing Buildings at 10:01, 25 February 2022

2022-02-25T10:01:01Z

← Older revision		Revision as of 10:01, 25 February 2022
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	This article was created by --[[User:University_College_of_Estate_Management_(UCEM)\|University College of Estate Management (UCEM)]] 15:45, 11 December 2012 (UTC)		This article was created by --[[User:University_College_of_Estate_Management_(UCEM)\|University College of Estate Management (UCEM)]] 15:45, 11 December 2012 (UTC)

−	= Related articles on Designing Buildings ~~Wiki.~~ =	+	= Related articles on Designing Buildings =

	* Alternative Dispute Resolution.		* Alternative Dispute Resolution.
	* Adjudication.		* Adjudication.
	* Arbitration.		* Arbitration.
		+	* Conciliator.
	* Dispute resolution boards.		* Dispute resolution boards.
	* How does arbitration work?		* How does arbitration work?

Designing Buildings at 08:36, 11 October 2020

2020-10-11T08:36:22Z

← Older revision		Revision as of 08:36, 11 October 2020
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	This article was created by --[[User:University_College_of_Estate_Management_(UCEM)\|University College of Estate Management (UCEM)]] 15:45, 11 December 2012 (UTC)		This article was created by --[[User:University_College_of_Estate_Management_(UCEM)\|University College of Estate Management (UCEM)]] 15:45, 11 December 2012 (UTC)

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki. =
−		+
−	=== Related articles on Designing Buildings Wiki. ===	+

	* Alternative Dispute Resolution.		* Alternative Dispute Resolution.
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	* ICE: [http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Conditions of Contract replaced by Infrastructure Conditions of Contract].		* ICE: [http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Conditions of Contract replaced by Infrastructure Conditions of Contract].

−	[[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Other_legislation]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]]

Editor at 17:05, 3 November 2017

2017-11-03T17:05:18Z

← Older revision		Revision as of 17:05, 3 November 2017
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−	NB ICE contracts have been withdrawn in favour of NEC contracts ([http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Ref ICE]) and the term ‘conciliation’ is gradually falling into disuse, regarded instead as a form of mediation.	+	NB: ICE contracts have been withdrawn in favour of NEC contracts ([http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Ref ICE]) and the term ‘conciliation’ is gradually falling into disuse, regarded instead as a form of mediation.

	-----		-----
−	Conciliation using the Institution of Civil Engineers’ Conciliation Procedure (1999) is a process that may be used at any time by agreement of parties who have contracted under the ICE family of contracts and associated subcontracts. Once the parties have agreed to take part in the conciliation process, there is no right given under the ICE Procedure for a party to object to the appointed conciliator. Overall, the process set out in the Procedure gives very wide discretion to the conciliator as to how the conciliation is to be conducted; but, in practice, the process adopted is usually very similar to that for a typical mediation.	+	Conciliation using the Institution of Civil Engineers’ Conciliation Procedure (1999) is a process that may be used at any time by agreement of parties who have contracted under the ICE family of contracts and associated subcontracts.
		+
		+	Once the parties have agreed to take part in the conciliation process, there is no right given under the ICE Procedure for a party to object to the appointed conciliator. Overall, the process set out in the Procedure gives very wide discretion to the conciliator as to how the conciliation is to be conducted; but, in practice, the process adopted is usually very similar to that for a typical mediation.

	The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:		The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:
Line 12:		Line 14:
	In such circumstances the conciliator prepares a ‘recommendation’ which sets out their solution to the dispute. The various ICE contracts provide that if the conciliator makes a recommendation, and neither party dissents from that recommendation within one month of its issue by referring the dispute to adjudication or arbitration, then the recommendation becomes final and binding.		In such circumstances the conciliator prepares a ‘recommendation’ which sets out their solution to the dispute. The various ICE contracts provide that if the conciliator makes a recommendation, and neither party dissents from that recommendation within one month of its issue by referring the dispute to adjudication or arbitration, then the recommendation becomes final and binding.

−	A similar situation applies when a dispute review board (sometimes referred to as a dispute resolution board DRB), appointed under the International Chamber of Commerce (ICC) Rules, issues a ‘recommendation’ with respect to any dispute referred to it. If no party expresses dissatisfaction with a recommendation within a stated time period, the parties contractually agree to comply with it. If a party does express dissatisfaction with the recommendation within such time period, that party may submit the entire dispute to arbitration, if the parties have so agreed, or the courts. Pending a ruling by the arbitral tribunal or the court, the parties may voluntarily comply with the recommendation, but are not bound to do so.	+	A similar situation applies when a dispute review board (sometimes referred to as a dispute resolution board DRB), appointed under the International Chamber of Commerce (ICC) Rules, issues a ‘recommendation’ with respect to any dispute referred to it. If no party expresses dissatisfaction with a recommendation within a stated time period, the parties contractually agree to comply with it.
		+
		+	If a party does express dissatisfaction with the recommendation within such time period, that party may submit the entire dispute to arbitration, if the parties have so agreed, or the courts. Pending a ruling by the arbitral tribunal or the court, the parties may voluntarily comply with the recommendation, but are not bound to do so.

	-----		-----
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	* Arbitration.		* Arbitration.
	* Dispute resolution boards.		* Dispute resolution boards.
		+	* How does arbitration work?
	* Mediation.		* Mediation.
	* The role of the mediator.		* The role of the mediator.
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	* ICE: [http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Conditions of Contract replaced by Infrastructure Conditions of Contract].		* ICE: [http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Conditions of Contract replaced by Infrastructure Conditions of Contract].

−	[[Category:Other_legislation]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]]

Designing Buildings at 15:06, 25 May 2017

2017-05-25T15:06:04Z

← Older revision		Revision as of 15:06, 25 May 2017
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	-----		-----
−	This article was created by --[[User:~~The_College_of_Estate_Management~~\|~~The~~ College of Estate Management]] 15:45, 11 December 2012 (UTC)	+	This article was created by --[[User:University_College_of_Estate_Management_(UCEM)\|University College of Estate Management (UCEM)]] 15:45, 11 December 2012 (UTC)

	= Find out more =		= Find out more =

Editor at 11:44, 11 February 2016

2016-02-11T11:44:45Z

← Older revision		Revision as of 11:44, 11 February 2016
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−
	NB ICE contracts have been withdrawn in favour of NEC contracts ([http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Ref ICE]) and the term ‘conciliation’ is gradually falling into disuse, regarded instead as a form of mediation.		NB ICE contracts have been withdrawn in favour of NEC contracts ([http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Ref ICE]) and the term ‘conciliation’ is gradually falling into disuse, regarded instead as a form of mediation.

−	----	+	-----
−		+
	Conciliation using the Institution of Civil Engineers’ Conciliation Procedure (1999) is a process that may be used at any time by agreement of parties who have contracted under the ICE family of contracts and associated subcontracts. Once the parties have agreed to take part in the conciliation process, there is no right given under the ICE Procedure for a party to object to the appointed conciliator. Overall, the process set out in the Procedure gives very wide discretion to the conciliator as to how the conciliation is to be conducted; but, in practice, the process adopted is usually very similar to that for a typical mediation.		Conciliation using the Institution of Civil Engineers’ Conciliation Procedure (1999) is a process that may be used at any time by agreement of parties who have contracted under the ICE family of contracts and associated subcontracts. Once the parties have agreed to take part in the conciliation process, there is no right given under the ICE Procedure for a party to object to the appointed conciliator. Overall, the process set out in the Procedure gives very wide discretion to the conciliator as to how the conciliation is to be conducted; but, in practice, the process adopted is usually very similar to that for a typical mediation.

	The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:		The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:
−	*when the conciliator is of the opinion that it is unlikely that a settlement will be achieved;	+
−	*a party fails to comply with some instruction of the conciliator; or	+	* when the conciliator is of the opinion that it is unlikely that a settlement will be achieved;
−	*either party indicates they do not wish to proceed towards a negotiated settlement.	+	* a party fails to comply with some instruction of the conciliator; or
		+	* either party indicates they do not wish to proceed towards a negotiated settlement.

	In such circumstances the conciliator prepares a ‘recommendation’ which sets out their solution to the dispute. The various ICE contracts provide that if the conciliator makes a recommendation, and neither party dissents from that recommendation within one month of its issue by referring the dispute to adjudication or arbitration, then the recommendation becomes final and binding.		In such circumstances the conciliator prepares a ‘recommendation’ which sets out their solution to the dispute. The various ICE contracts provide that if the conciliator makes a recommendation, and neither party dissents from that recommendation within one month of its issue by referring the dispute to adjudication or arbitration, then the recommendation becomes final and binding.
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	A similar situation applies when a dispute review board (sometimes referred to as a dispute resolution board DRB), appointed under the International Chamber of Commerce (ICC) Rules, issues a ‘recommendation’ with respect to any dispute referred to it. If no party expresses dissatisfaction with a recommendation within a stated time period, the parties contractually agree to comply with it. If a party does express dissatisfaction with the recommendation within such time period, that party may submit the entire dispute to arbitration, if the parties have so agreed, or the courts. Pending a ruling by the arbitral tribunal or the court, the parties may voluntarily comply with the recommendation, but are not bound to do so.		A similar situation applies when a dispute review board (sometimes referred to as a dispute resolution board DRB), appointed under the International Chamber of Commerce (ICC) Rules, issues a ‘recommendation’ with respect to any dispute referred to it. If no party expresses dissatisfaction with a recommendation within a stated time period, the parties contractually agree to comply with it. If a party does express dissatisfaction with the recommendation within such time period, that party may submit the entire dispute to arbitration, if the parties have so agreed, or the courts. Pending a ruling by the arbitral tribunal or the court, the parties may voluntarily comply with the recommendation, but are not bound to do so.

−	----	+	-----
−		+	This article was created by --[[User:The_College_of_Estate_Management\|The College of Estate Management]] 15:45, 11 December 2012 (UTC)
−	This article was created by --[[User~~%3AThe%20College%20of%20Estate%20Management~~\|The College of Estate Management]] 15:45, 11 December 2012 (UTC)	+

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki. ===		=== Related articles on Designing Buildings Wiki. ===
−	*Alternative Dispute Resolution.	+
−	*Adjudication.	+	* Alternative Dispute Resolution.
−	*Arbitration.	+	* Adjudication.
−	*Dispute resolution boards.	+	* Arbitration.
−	*Mediation.	+	* Dispute resolution boards.
		+	* Mediation.
		+	* The role of the mediator.

	=== External references ===		=== External references ===
−	*ICE: [http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Conditions of Contract replaced by Infrastructure Conditions of Contract].

−	[~~[Category~~:~~Contracts_~~/~~_payment]~~]	+	* ICE: [http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Conditions of Contract replaced by Infrastructure Conditions of Contract].
−	[[Category:Other_legislation]]	+
−	[[Category:Client_procedures]]	+	[[Category:Other_legislation]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]]

Designing Buildings: moved Conciliation to Conciliation in construction disputes

2014-02-16T08:27:58Z

moved Conciliation to Conciliation in construction disputes

← Older revision

Revision as of 08:27, 16 February 2014

Designing Buildings at 06:02, 21 August 2013

2013-08-21T06:02:11Z

← Older revision		Revision as of 06:02, 21 August 2013
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−	NB ICE contracts have ~~now~~ been withdrawn in favour of NEC contracts ([http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Ref ICE])~~. The~~ term ‘conciliation’ is gradually falling into disuse ~~and the process is~~ regarded as a form of mediation.	+	NB ICE contracts have been withdrawn in favour of NEC contracts ([http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Ref ICE]) and the term ‘conciliation’ is gradually falling into disuse, regarded instead as a form of mediation.

	----		----

Designing Buildings at 11:38, 12 December 2012

2012-12-12T11:38:30Z

← Older revision		Revision as of 11:38, 12 December 2012
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	The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:		The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:
	*when the conciliator is of the opinion that it is unlikely that a settlement will be achieved;		*when the conciliator is of the opinion that it is unlikely that a settlement will be achieved;
−	*a party fails to comply with some instruction of the conciliator; or	+	*a party fails to comply with some instruction of the conciliator; or
	*either party indicates they do not wish to proceed towards a negotiated settlement.		*either party indicates they do not wish to proceed towards a negotiated settlement.

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	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]
		+	[[Category:Other_legislation]]
	[[Category:Client_procedures]]		[[Category:Client_procedures]]

Designing Buildings at 11:05, 12 December 2012

2012-12-12T11:05:55Z

← Older revision		Revision as of 11:05, 12 December 2012
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−	~~Conciliation using the Institution~~ of ~~Civil Engineers’ Conciliation Procedure~~ (~~1999) is a process that may be used at any time by agreement of parties who have contracted under the~~ ICE ~~family~~ of ~~contracts and associated subcontracts~~. ~~Once~~ the ~~parties have agreed to take part in the conciliation~~ process~~, there~~ is ~~no right given under the ICE~~	+	NB ICE contracts have now been withdrawn in favour of NEC contracts ([http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Ref ICE]). The term ‘conciliation’ is gradually falling into disuse and the process is regarded as a form of mediation.

−	Procedure for a party to object to the appointed conciliator. Overall, the process set out in the Procedure gives very wide discretion to the conciliator as to how the conciliation is to be conducted; but, in practice, the process adopted is usually very similar to that for a typical mediation ~~as described above~~.	+	----
		+
		+	Conciliation using the Institution of Civil Engineers’ Conciliation Procedure (1999) is a process that may be used at any time by agreement of parties who have contracted under the ICE family of contracts and associated subcontracts. Once the parties have agreed to take part in the conciliation process, there is no right given under the ICE Procedure for a party to object to the appointed conciliator. Overall, the process set out in the Procedure gives very wide discretion to the conciliator as to how the conciliation is to be conducted; but, in practice, the process adopted is usually very similar to that for a typical mediation.

	The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:		The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:
	*when the conciliator is of the opinion that it is unlikely that a settlement will be achieved;		*when the conciliator is of the opinion that it is unlikely that a settlement will be achieved;
−	*a party fails to comply with some instruction of the conciliator; or z either party indicates they do not wish to proceed towards a negotiated settlement.	+	*a party fails to comply with some instruction of the conciliator; or
−	*In such circumstances the conciliator prepares a ‘recommendation’ which sets out his solution to the dispute. The various ICE contracts provide that if the conciliator makes a recommendation, and neither party dissents from that recommendation within one month of its issue by referring the dispute to adjudication or arbitration, then the recommendation becomes final and binding.	+	*either party indicates they do not wish to proceed towards a negotiated settlement.

−	~~A similar situation applies when a dispute review board (DRB), appointed under~~ the ~~International Chamber of Commerce (ICC) Rules, issues~~ a ‘recommendation’ ~~with respect~~ to ~~any~~ dispute ~~referred to it~~. ~~If no party expresses dissatisfaction with~~ a recommendation ~~within a stated time period~~, ~~the parties contractually agree to comply with it. If a~~ party ~~does express dissatisfaction with the~~ recommendation within ~~such time period, that party may submit~~ the ~~entire~~ dispute to arbitration, ~~if the parties have so agreed, or the courts. Pending a ruling by the arbitral tribunal or the court, the parties may voluntarily comply with~~ the recommendation~~, but are not bound to do so~~.	+	In such circumstances the conciliator prepares a ‘recommendation’ which sets out their solution to the dispute. The various ICE contracts provide that if the conciliator makes a recommendation, and neither party dissents from that recommendation within one month of its issue by referring the dispute to adjudication or arbitration, then the recommendation becomes final and binding.

−	~~NB ICE contracts have now been withdrawn in favour of NEC contracts~~ (~~[http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-~~of~~-Contract Ref]~~). ~~The term ‘conciliation’ is gradually falling into disuse and~~ the ~~process is regarded as~~ a ~~form of mediation~~.	+	A similar situation applies when a dispute review board (sometimes referred to as a dispute resolution board DRB), appointed under the International Chamber of Commerce (ICC) Rules, issues a ‘recommendation’ with respect to any dispute referred to it. If no party expresses dissatisfaction with a recommendation within a stated time period, the parties contractually agree to comply with it. If a party does express dissatisfaction with the recommendation within such time period, that party may submit the entire dispute to arbitration, if the parties have so agreed, or the courts. Pending a ruling by the arbitral tribunal or the court, the parties may voluntarily comply with the recommendation, but are not bound to do so.

	----		----

The College of Estate Management at 15:50, 11 December 2012

2012-12-11T15:50:18Z

← Older revision		Revision as of 15:50, 11 December 2012
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−	Conciliation using the Institution of Civil Engineers’ Conciliation Procedure (1999) is a process that may be used at any time by agreement of parties who have contracted under the ICE family of contracts and associated subcontracts. Once the parties have agreed to take part in the conciliation process, there is no right given under the ICE	+	Conciliation using the Institution of Civil Engineers’ Conciliation Procedure (1999) is a process that may be used at any time by agreement of parties who have contracted under the ICE family of contracts and associated subcontracts. Once the parties have agreed to take part in the conciliation process, there is no right given under the ICE

−	Procedure for a party to object to the appointed conciliator. Overall, the process set out in the Procedure gives very wide discretion to the conciliator as to how the conciliation is to be conducted; but, in practice, the process adopted is usually very similar to that for a typical mediation as described above.	+	Procedure for a party to object to the appointed conciliator. Overall, the process set out in the Procedure gives very wide discretion to the conciliator as to how the conciliation is to be conducted; but, in practice, the process adopted is usually very similar to that for a typical mediation as described above.

−	The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:	+	The principal difference between mediation and ICE conciliation arises when progress towards a settlement breaks down as, for example:
	*when the conciliator is of the opinion that it is unlikely that a settlement will be achieved;		*when the conciliator is of the opinion that it is unlikely that a settlement will be achieved;
−	*a party fails to comply with some instruction of the conciliator; or z either party indicates they do not wish to proceed towards a negotiated settlement.	+	*a party fails to comply with some instruction of the conciliator; or z either party indicates they do not wish to proceed towards a negotiated settlement.
−	*In such circumstances the conciliator prepares a ‘recommendation’ which sets out his solution to the dispute. The various ICE contracts provide that if the conciliator makes a recommendation, and neither party dissents from that recommendation within one month of its issue by referring the dispute to adjudication or arbitration, then the recommendation becomes final and binding.	+	*In such circumstances the conciliator prepares a ‘recommendation’ which sets out his solution to the dispute. The various ICE contracts provide that if the conciliator makes a recommendation, and neither party dissents from that recommendation within one month of its issue by referring the dispute to adjudication or arbitration, then the recommendation becomes final and binding.

−	A similar situation applies when a dispute review board (DRB), appointed under the International Chamber of Commerce (ICC) Rules, issues a ‘recommendation’ with respect to any dispute referred to it. If no party expresses dissatisfaction with a recommendation within a stated time period, the parties contractually agree to comply with it. If a party does express dissatisfaction with the recommendation within such time period, that party may submit the entire dispute to arbitration, if the parties have so agreed, or the courts. Pending a ruling by the arbitral tribunal or the court, the parties may voluntarily comply with the recommendation, but are not bound to do so.	+	A similar situation applies when a dispute review board (DRB), appointed under the International Chamber of Commerce (ICC) Rules, issues a ‘recommendation’ with respect to any dispute referred to it. If no party expresses dissatisfaction with a recommendation within a stated time period, the parties contractually agree to comply with it. If a party does express dissatisfaction with the recommendation within such time period, that party may submit the entire dispute to arbitration, if the parties have so agreed, or the courts. Pending a ruling by the arbitral tribunal or the court, the parties may voluntarily comply with the recommendation, but are not bound to do so.
		+
		+	NB ICE contracts have now been withdrawn in favour of NEC contracts ([http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Ref]). The term ‘conciliation’ is gradually falling into disuse and the process is regarded as a form of mediation.

	----		----

−	This article was created by --[[User~~:The College of Estate Management~~\|The College of Estate Management]] 15:45, 11 December 2012 (UTC)	+	This article was created by --[[User%3AThe%20College%20of%20Estate%20Management\|The College of Estate Management]] 15:45, 11 December 2012 (UTC)

	= Find out more =		= Find out more =
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	*Dispute resolution boards.		*Dispute resolution boards.
	*Mediation.		*Mediation.
		+
		+	=== External references ===
		+	*ICE: [http://www.ice.org.uk/topics/lawandcontracts/ICE-Conditions-of-Contract Conditions of Contract replaced by Infrastructure Conditions of Contract].

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]
	[[Category:Client_procedures]]		[[Category:Client_procedures]]