Advanced Procurement And Dispute Resolution

2076 WordsApr 8, 20159 Pages
Advanced Procurement And Dispute Resolution (CW 2) Within this piece of coursework I will explain and compare various dispute resolution options that are used within the construction industry. The commonly used options that I will be going into further detail are mediation, adjudication, litigation and arbitration. These options will then be evaluated, and then explained of when they should be used. These four options are commonly used within the construction industry to resolve legal arguments that have arisen from various disputes. Mediation is commonly used within the construction industry when a dispute between parties arises, and legal action is needed. Being used as a consensual process of dispute resolution, in which a third party…show more content…
Where in the process Evaluative mediation is used, the initial mediator will learn all of the facts of the case which has been brought forward. After reviewing the case, the mediator will then express their views on the overall merits as they can see them. Conciliation may initially be a form of evaluative mediation, for example if the conciliator does not reach a settlement acting in facilitative mode, then a recommendation evaluating how, with their views the overall matter should be resolved. Advantages and disadvantages of mediation are as follows;  Quick (Carried out in days)  Cost Effective  Flexible process  Relatively informal Disadvantages;  Does not always result in a settlement agreement  Legal precedent cannot be set in mediation  Mediation has no formal discovery process Adjudication is a statutory or contractual procedure for quick interim dispute resolution. Adjudication is provided a third party adjudicator which is commonly selected by the parties. Adjudicators can commonly adopt inquisitorial role which may involve taking the overall initiative in ascertaining facts and law. Costs that have been built up over the course of the case
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