The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.
The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
As an expansion of the book “Construction Dispute Research” published in 2014, this book presents further contributions and breaks into three new research foci in construction dispute studies. Part A discusses the conceptualization and minimization of biases in construction dispute decisions; Part B examines other impediments against settlement such as inequity, power asymmetry and loss aversion. Part C focuses on realty check of construction dispute negotiation conditions such as market competition, interdependence of contracting parties and dispute avoidance function of construction incentivization. This book showcases new ideas in construction dispute research. It offers research studies that are theory rich and conducted with robust methodologies. The research implications are practical and implementable.
This book proposes ways to make construction project incentive schemes effective. In this book, construction incentivization is used as a collective term that includes all forms of incentive arrangements aiming to engender extra effort of the contracting parties for the improvement of project performance. This book addresses two questions: i) why so many construction incentive schemes are not delivering the desired outcome? and ii) what will make incentive works under different circumstances? This book contributes to the body of knowledge in construction incentivization by offering conceptualization, showcases and practice suggestions including guidelines for the planning of construction incentive schemes.
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management
Global construction data is vital for contractors, governments, international organisations, policy makers, academic researchers and statisticians. As the global population of the world expands, the sustainability of the built environment raises the political agenda and the need to manage infrastructure and buildings in both urban and rural contexts becomes ever more pressing. How much more can the built environment grow and how can it be managed sustainably? This edited volume addresses how we can find a possible way through the inconsistencies between national construction data sets to devise a consistent approach to national construction data to further the global sustainability agenda and inform policy making. This search begins in Part I, which looks at the methods and definitions used in construction statistics in different countries. Part II considers examples of different types of construction data from the cost of materials, measuring work on high rise buildings and existing stock. In Part III, the authors consider construction data internationally, beginning with the problem of comparing data in different countries using exchange rates and purchasing power parities (PPPs), comparing innovation processes in different countries and looking at the provision of building design internationally. In Part IV, the international theme is continued by comparing accounting practices and company performance in different countries and concludes with an international comparison of construction industries. This book raises awareness of the significance of the construction industry globally and the importance of data to measure it. It informs the discussion of the best ways of handling the consequences of policies affecting the built environment and the effect of the built environment on the rest of the economy and society. It is essential reading for international economists, construction industry consultants, policy makers, construction statisticians and academics.
Clients have been identified as critical for building delivery but have been under-researched with only a few studies about them. This book seeks to address this gap. A deeper look into the nature of construction clients and their relation to building users exposes more fundamental questions related to the activity of building and the activity in the building. These fundamental questions include 'How do clients get what they want?', 'How do clients cope with the building process?', and 'How are clients being shaped by building(s)?'. This book on clients and users is structured around three main themes: Agency is concerned with the classical agency/structure dichotomy on actions, roles and responsibilities or, put differently, whether actors can act freely or are bound by structural constraints. Governance is related to the interplay between clients and the supply system: clients govern the supply system but are at the same time governed by the supply system through different processes and mechanisms. Innovation deals with construction innovation and what part clients and users play in this struggle between change and stability. The book includes theoretical and conceptual frameworks on what constitutes clients and users as well as case studies on R&D themes of relevance to practice.
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
