The Use Of Mediation In Construction Projects

Extract

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The Use Of Mediation In Construction Projects

As part of the review into civil litigation costs being carried

out by Lord Justice Jackson, Nicholas Gould and Claire King lead a

research project conducted by The Centre of Construction Law and

Dispute Resolution, King's College London and The Technology

and Construction Court into the use of mediation in construction

projects. An extract from that project is set out below.

Introduction

The use of mediation can no longer be said to be a new

phenomenon for the resolution of construction disputes. Mediation

has now been used, in the commercial context, for the resolution of

disputes in a wide range of industry sectors both before the

commencement of and during formal proceedings. It can of course be

used, in theory, at any stage not just during litigation but during

or when other forms of dispute resolution, such as arbitration, are

contemplated or progressing.

The use of mediation within contracts or as part of a dispute

escalation clause has also become m...

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