Mediation & arbitration

Mediation - Prometheus Bound?

So it is, that in the established Church of England and of Wales, mediation has been referred to twice daily for over 450 years. This is worth mentioning because in the modern multi-cultural and multi-faith society of England, there is a tendency to see mediation as something relatively new and even as an import from the USA, first introduced in the 1980s.

Adjudication for All

Part 2 of the Housing Grants, Construction and Regeneration Act 1996 relates only to construction contracts (as defined in the Act). Yet it has a significance for dispute resolution and a potential impact on future legislation which is remarkable.

The immediately available arbitrator

In 1995 I wrote an article entitled "Immediate Arbitration". The idea behind it was to exploit the full flexibility of the arbitration process. Arbitration did not have to be a highly formal, inflexible procedure similar to litigation. It did not have to be deferred until after practical completion.

Rethinking arbitration; arbitration on the back foot

My purpose is to generate debate. In England, by 1996, the arbitration process had failed the construction industry. This failure spawned the Housing Grants, Construction and Regeneration Act 1996 (HGCRA), which created the statutory right to adjudicate all disputes arising under a very wide range of construction contracts and provided a fast-track system of dispute resolution at relatively low cost compared with arbitration.

The effectiveness of adjudication where the claimant is in insolvent liquidation

As long ago as July 2000, Lord Justice Chadwick in the case of Bouygues (UK) Limited –v- Dahl-Jensen (UK) Limited [BLR 2000, 522] recognised that an Adjudicator’s decision should not be enforced by summary judgment where the Claimant had subsequently gone into insolvent liquidation and where there were claims and cross-claims between the two parties.

Free your arbitrator

One of the key benefits of arbitration, in addition to privacy and confidentiality, is the flexible nature of the arbitration process. For a very long time arbitrations over commodities, such as corn, have been conducted by the simple process of the arbitrator sniffing and feeling the corn and declaring whether it is good or bad. So the arbitration process can be very swift and effective.
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