Dispute resolution - Revision history

Editor at 19:22, 4 January 2022

2022-01-04T19:22:55Z

← Older revision		Revision as of 19:22, 4 January 2022
Line 50:		Line 50:
	The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution.		The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution.

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

	* Adjudication.		* Adjudication.
Line 64:		Line 64:
	* Defects.		* Defects.
	* Delays on construction projects.		* Delays on construction projects.
		+	* Dispute avoidance.
	* Dispute resolution board.		* Dispute resolution board.
	* Expert evaluation.		* Expert evaluation.

Editor at 15:51, 16 August 2021

2021-08-16T15:51:52Z

← Older revision		Revision as of 15:51, 16 August 2021
Line 58:		Line 58:
	* CLC document on claims and disputes in construction.		* CLC document on claims and disputes in construction.
	* Clear contracts during uncertain times.		* Clear contracts during uncertain times.
		+	* Compulsory Alternative Dispute Resolution.
	* Conflict avoidance.		* Conflict avoidance.
	* Construction disputes.		* Construction disputes.

Editor at 12:19, 22 March 2021

2021-03-22T12:19:50Z

← Older revision		Revision as of 12:19, 22 March 2021
Line 57:		Line 57:
	* Arbitration.		* Arbitration.
	* CLC document on claims and disputes in construction.		* CLC document on claims and disputes in construction.
		+	* Clear contracts during uncertain times.
	* Conflict avoidance.		* Conflict avoidance.
	* Construction disputes.		* Construction disputes.

Editor at 12:28, 12 January 2021

2021-01-12T12:28:56Z

← Older revision		Revision as of 12:28, 12 January 2021
Line 56:		Line 56:
	* Alternative dispute resolution.		* Alternative dispute resolution.
	* Arbitration.		* Arbitration.
		+	* CLC document on claims and disputes in construction.
	* Conflict avoidance.		* Conflict avoidance.
	* Construction disputes.		* Construction disputes.

Designing Buildings at 09:34, 2 October 2020

2020-10-02T09:34:23Z

← Older revision		Revision as of 09:34, 2 October 2020
Line 70:		Line 70:
	* Negotiation techniques.		* Negotiation techniques.

−	[[Category:Appointments]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings: Reverted edits by 62.254.148.2 (talk) to last revision by Designing Buildings

2019-12-30T08:40:50Z

Reverted edits by 62.254.148.2 (talk) to last revision by Designing Buildings

← Older revision		Revision as of 08:40, 30 December 2019
Line 49:		Line 49:

	The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution.		The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution.
−
−	~~=== Negotiation ===~~
−
−	~~Voluntary, Inexpensive, Non binding, No lawyers~~
−
−	~~Conferring together in order to reach a compromise or agreement - (highly recommend to put it in writing)~~
−
−	~~=== Mediation ===~~
−
−	~~Voluntary, 3rd party negotiation (mediator), Non binding, Private - without prejudice, Different rooms~~
−
−	~~Written settlement drawn up if reached~~
−
−	~~(negotiation with someone helping you)~~
−
−	~~=== Adjudication ===~~
−
−	~~Non voluntary, 28 days, Third party imposes a decision, Private, Binding (until someone decides to go to arbitration and litigation)~~
−
−	~~You might have to go to court to enforce the decision~~
−
−	~~=== Arbitration ===~~
−
−	~~Non voluntary, binding decision, Long time, Expensive, Private, International, more flexible than litigation~~
−
−	~~Must have a signed arbitration agreement (typically a clause in the contract)~~
−
−	~~Once you've signed arbitration agreement you BOTH have to agree to go to litigation~~
−
−	~~=== Litigation ===~~
−
−	~~Non voluntary, Binding decision, Conventional or traditional method, Public~~
−
−	~~Can you appeal? Only if you think the judge got the law wrong~~

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

62.254.148.2 at 17:08, 29 December 2019

2019-12-29T17:08:49Z

← Older revision		Revision as of 17:08, 29 December 2019
Line 52:		Line 52:
	=== Negotiation ===		=== Negotiation ===

−	Voluntary	+	Voluntary, Inexpensive, Non binding, No lawyers

−	~~Inexpensive~~	+	Conferring together in order to reach a compromise or agreement - (highly recommend to put it in writing)
−		+
−	~~Non binding~~	+
−		+
−	~~No lawyers~~	+
−		+
−	Conferring together in order to reach a compromise or agreement -	+
−		+
−	(highly recommend to put it in writing)	+

	=== Mediation ===		=== Mediation ===

−	Voluntary	+	Voluntary, 3rd party negotiation (mediator), Non binding, Private - without prejudice, Different rooms

−	~~3rd party negotiation (mediator)~~	+	Written settlement drawn up if reached
−		+
−	~~Non binding~~	+

	(negotiation with someone helping you)		(negotiation with someone helping you)
−
−	~~Private - without prejudice~~
−
−	~~Written settlement drawn up if reached~~
−
−	~~Different rooms~~

	=== Adjudication ===		=== Adjudication ===

−	Non voluntary	+	Non voluntary, 28 days, Third party imposes a decision, Private, Binding (until someone decides to go to arbitration and litigation)
−		+
−	28 days	+
−		+
−	Third party imposes a decision	+
−		+
−	Private	+
−		+
−	Binding until someone decides to go to arbitration and litigation	+

	You might have to go to court to enforce the decision		You might have to go to court to enforce the decision
Line 96:		Line 72:
	=== Arbitration ===		=== Arbitration ===

−	Non voluntary	+	Non voluntary, binding decision, Long time, Expensive, Private, International, more flexible than litigation
−		+
−	binding decision	+
−		+
−	Long time	+
−		+
−	Expensive	+
−		+
−	Private	+
−		+
−	International	+

	Must have a signed arbitration agreement (typically a clause in the contract)		Must have a signed arbitration agreement (typically a clause in the contract)
−
−	~~Very long / can be more flexible than litigation~~

	Once you've signed arbitration agreement you BOTH have to agree to go to litigation		Once you've signed arbitration agreement you BOTH have to agree to go to litigation
Line 116:		Line 80:
	=== Litigation ===		=== Litigation ===

−	Non voluntary	+	Non voluntary, Binding decision, Conventional or traditional method, Public
−		+
−	Binding decision	+
−		+
−	Conventional or traditional method	+
−		+
−	Public	+

	Can you appeal? Only if you think the judge got the law wrong		Can you appeal? Only if you think the judge got the law wrong
−
−	~~Without prejudice - cannot be put to a judge~~

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

62.254.148.2 at 17:05, 29 December 2019

2019-12-29T17:05:01Z

← Older revision		Revision as of 17:05, 29 December 2019
Line 49:		Line 49:

	The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution.		The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution.
		+
		+	=== Negotiation ===
		+
		+	Voluntary
		+
		+	Inexpensive
		+
		+	Non binding
		+
		+	No lawyers
		+
		+	Conferring together in order to reach a compromise or agreement -
		+
		+	(highly recommend to put it in writing)
		+
		+	=== Mediation ===
		+
		+	Voluntary
		+
		+	3rd party negotiation (mediator)
		+
		+	Non binding
		+
		+	(negotiation with someone helping you)
		+
		+	Private - without prejudice
		+
		+	Written settlement drawn up if reached
		+
		+	Different rooms
		+
		+	=== Adjudication ===
		+
		+	Non voluntary
		+
		+	28 days
		+
		+	Third party imposes a decision
		+
		+	Private
		+
		+	Binding until someone decides to go to arbitration and litigation
		+
		+	You might have to go to court to enforce the decision
		+
		+	=== Arbitration ===
		+
		+	Non voluntary
		+
		+	binding decision
		+
		+	Long time
		+
		+	Expensive
		+
		+	Private
		+
		+	International
		+
		+	Must have a signed arbitration agreement (typically a clause in the contract)
		+
		+	Very long / can be more flexible than litigation
		+
		+	Once you've signed arbitration agreement you BOTH have to agree to go to litigation
		+
		+	=== Litigation ===
		+
		+	Non voluntary
		+
		+	Binding decision
		+
		+	Conventional or traditional method
		+
		+	Public
		+
		+	Can you appeal? Only if you think the judge got the law wrong
		+
		+	Without prejudice - cannot be put to a judge

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings at 13:45, 26 July 2019

2019-07-26T13:45:41Z

← Older revision		Revision as of 13:45, 26 July 2019
Line 48:		Line 48:
	* Provide all necessary advice to the client but not directly negotiate on their behalf.		* Provide all necessary advice to the client but not directly negotiate on their behalf.

−	The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution. ~~https://www.arcadis.com/en/united-kingdom/our-perspectives/2019/june/global-construction-disputes-report-2019/~~	+	The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings at 08:20, 26 June 2019

2019-06-26T08:20:22Z

← Older revision		Revision as of 08:20, 26 June 2019
Line 1:		Line 1:
	{\|		{\|
−	\| [[File:Adversarial.jpg]]	+	\| [[File:Adversarial.jpg\|link=File:Adversarial.jpg]]
	\|}		\|}

Line 47:		Line 47:
	* Tread carefully before becoming directly involved		* Tread carefully before becoming directly involved
	* Provide all necessary advice to the client but not directly negotiate on their behalf.		* Provide all necessary advice to the client but not directly negotiate on their behalf.
		+
		+	The Global Construction Disputes Report published by Arcadis in 2019 found that the UK remains the jurisdiction with the shortest average length of time to solve a dispute at 12.8 months, and that the average value of disputes in the UK has fallen 47% to US$ 17.9 million. Negotiation remains the preferred method of resolution. https://www.arcadis.com/en/united-kingdom/our-perspectives/2019/june/global-construction-disputes-report-2019/

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =