Mediating Construction Disputes – An Evaluation of Existing Practice
https://www.fenwickelliott.com/research-insight/annual-review/2010/mediating-construction-disputes
Nick Gould This report utilises and analyses data from the Technology and Construction Court in London, Birmingham and Bristol to look at the use of mediation in construction disputes. The report was a collaborative project involving several contributors with support throughout from the Society of Construction Law and the Centre of Construction Law & Dispute Resolution, School of Law at King’s College London. It is the first piece of empirical research ever undertaken jointly between the Technology and Construction Court (TCC) and an academic institution. The report was jointly written by Claire King, Associate at Fenwick Elliott LLP, and Philip Britton, former Director of the Centre, now Visiting Professor at King’s also contributed to the report. The publication combines hard detail about the use of mediation within UK construction litigation with a summary of the existing knowledge about mediation in the common law world and about its relation to other formal and informal methods of dealing with construction disputes. Some of the findings have recently been quoted by Lord Justice Jackson in his Review of Civil Litigation Costs. In the foreword to this final report Lord Justice Jackson notes that ‘Empirical data are far more valuable than the anecdotal evidence about litigant behaviour which sometimes informs decisions’. The report also includes a preface by Lord Woolf (architect of our present Civil Procedure Rules and a great advocate of mediation).
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