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The mediation of construction disputes
Much more has been written about the theory of mediation, and its proper place in the avoidance and resolution of disputes in construction, than about its actual use. This paper combines hard detail about the practice of mediation within UK construction litigation. It summarises the key aspects of mediation in, and its relation to other, formal and informal methods of dealing with construction disputes. The paper also summarises the key findings of ‘Mediating Construction Disputes: An Evaluation of Existing Practice’, a report by Nicholas Gould of Fenwick Elliott, conducted by the Centre of Construction Law and Dispute Resolution at King's College London and the Technology and Construction Court.
The full article is available to subscribers to the journal.
Nicholas Gould is a construction, energy and international arbitration lawyer. He is a solicitor-advocate, chartered surveyor, accredited adjudicator and mediator. He sits as arbitrator and on dispute boards. Nicholas acts for contractors, employers and governments in the building, construction, engineering, infrastructure, transport, energy, oil and gas and process engineering sectors. He is frequently selected to advise on high-value complex projects including Hinkley Nuclear Power Plant, T5 Heathrow, Muscat Airport, The Louvre in Abu Dhabi, Expo 2020 in Dubai, CERN’s nuclear research facility, the world’s most leaning building at Capital Gate, Abu Dhabi, and substantial hydro power projects. Nicholas is highlighted as one of the titans of the international construction market according to Global Elite Thought Leader’s Who’s Who. The IBA’s International Who’s Who of Business Lawyers Today listed him as one of the ‘ten most highly regarded individuals internationally for construction law’. Nicholas is a Visiting Professor at King’s College London and Vice President of the ICC’s Arbitration Commission. He is President of the DRBF and past Chairman of the Society of Construction Law.