dispute resolution and conflict management in construction an international perspective

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Dispute Resolution And Conflict Management In Construction

Author : Edward Davies
ISBN : 9781135807535
Genre : Architecture
File Size : 76. 97 MB
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Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Mediation In The Construction Industry

Author : Penny Brooker
ISBN : 9781134029297
Genre : Law
File Size : 30. 14 MB
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The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.

Construction Conflict Management And Resolution

Author : P. Fenn
ISBN : 9781135827069
Genre : Architecture
File Size : 51. 50 MB
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This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.

Best Practice In Construction Disputes

Author : Paula Gerber
ISBN : 0409333077
Genre : Construction industry
File Size : 55. 74 MB
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Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.

Building In Value Pre Design Issues

Author : Rick Best
ISBN : 9781135139056
Genre : Architecture
File Size : 90. 15 MB
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The concept of value in projects is a key issue for everyone involved in the construction industry. Building in Value brings together many experts in the field to outline the wide range of tools, techniques and procedures that can and should be used to make the building procurement phase as efficient as possible. The authors go on to discuss how to ensure that future problems in the design and construction of the buildings are anticipated at the start and to minimise the liklihood of future hiccups. Integrating strategic, financial and construction management techniques, this book provides an essential guide for construction professionals.

Conflict Resolution

Author : Kevin Avruch
ISBN : UCSC:32106010649801
Genre : Social Science
File Size : 21. 21 MB
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This unique collection of comparable case studies addresses the need to assess modes of conflict resolution in a larger sociocultural context with attention to varying approaches and cultural perspectives. Editors Avruch, Black, and Scimecca, along with other anthropologists and sociologists, propose and test different propositions, while looking toward a general theory of conflict and conflict resolution. They offer a broad range of vantage points for considering conflict resolution in five different cultures. Conflict resolution is seen as an emerging discipline.

Commercial Conflict Management And Dispute Resolution

Author : Peter Fenn
ISBN : 9781136974922
Genre : Technology & Engineering
File Size : 47. 89 MB
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Commerce is inherently complex and the sums of money involved can be astronomical, so it is no surprise that conflicts and disputes are all too common. There are numerous techniques designed to resolve these problems, and this book summarizes the most important of these, as well as alternative dispute resolution methods. The reader seeking a deeper understanding of these procedures will also find clear explanations of the principles and methods for conflict management, such as negotiation, risk management, mediation and conciliation. As well as outlining these different techniques, guidance on which approach is appropriate in common situations is also given, helping the reader apply what they have learned to the real world. The significance of cultural issues is explained, before the reader is presented with suggestions for how to take these into account. Throughout, the book is illustrated with case studies from examples as diverse as Mumbai's DabbaWalla, The First World War and Terminal 5 at London Heathrow. Written with undergraduate students in mind, this book also serves to give a neat and brief overview for professionals. Those studying or working in commerce generally, construction project management, construction management, and construction law will find this to be an invaluable book.

Governance Conflict Analysis And Conflict Resolution

Author : Cedric Hilburn Grant
ISBN : 9789766372590
Genre : Political Science
File Size : 79. 35 MB
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Decades after our contemporary international system witnessed the end of the Second World War, the events that followed in its aftermath has fashioned an international system characterized by global conflict in the guise of the Cold War. Although wars were part of the struggle between the two rival super powers - the US and USSR - their main theatre was the Third World and hostilities during the Cold War era were global. It is against this backdrop that Governance, Conflict Analysis and Conflict Resolution addresses conflict in the Caribbean and elsewhere, exploring the linkages between conflict and development. The book is divided into eight sections and offers diverse views on conflict, conflict resolution and governance: Part 1 - Governance and Conflict Management in a Global Context; Part II - Management and resolution of Conflict in the Regional Context; Part III - Perspectives on Social Stratification, Political Rivalry and Ethnic Insecurities; Part IV - High Intensity Conflicts; Part V - The Management and Resolution of Territorial Conflicts; Part VI - Poverty, Economics and Conflict Management; Part VII - Advancing Conflict Resolution through Education; and Part VIII - Civil Society, Governance and Social Consensus.

Arbitration Conciliation And Mediation

Author :
ISBN : 9351435547
Genre : Arbitration, Industrial
File Size : 68. 83 MB
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Construction Dispute Research

Author : Sai On Cheung
ISBN : 9783319044293
Genre : Technology & Engineering
File Size : 37. 18 MB
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There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.

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