Articles - Alternative Dispute Resolution

  • "Experts in International Dispute Resolution : The ICC’s Rules for Expertise"

    January 2008

    Nicholas Gould, the current Chairman of the Standing Committee of the ICC International Centre for Expertise, outlines the services offered by the International Chamber of Commerce for the appointment of experts and the administration of expertise proceedings.

  • "Alternatives to the Dispute Board - Project Mediation"

    5 October 2007

    Karen Gidwani, in a paper given at the FIDIC Contracts Conference 2007, considers the application of project mediation to the FIDIC form. In her analysis, Karen considers how project mediation works and discusses the CEDR model project mediation protocol and agreement, a joint Fenwick Elliott and CEDR initiative launched in December 2006.

  • "Mediation in construction disputes: an interim report"

    June 2007

    King's College, with the support of the Technology and Construction Court, is carrying out a survey on the use and effectiveness of mediation in construction disputes.  The survey commenced on 1 June 2006 and is almost at its halfway point.  Nicholas Gould summarises the interim results of that survey based on the results collected in the first quarter of the survey period.  The purposes of the research include identifying the circumstances where mediation is a true alternative to litigation, highlighting the most successful mediation techniques and assisting the Court in determining whether and at what stage it should encourage mediation.

    If you would like to read the interim report, please click here.  If you would like to download the forms necessary to take part in the survey, (which is confidential), please click here and here.

  • "Project Mediation: It’s like partnering with teeth"

    7 December 2006

    7 December saw the launch a Project Mediation, a joint Fenwick Elliott and CEDR initiative. As explained by Simon Tolson and Nicholas Gould, Project Mediation, a new method of managing the risk of disputes during the delivery stage of a project, encourages the project participants to contract from the outset to use mediation as the primary means of dispute resolution.

    Simon and Nicholas also took part in a panel discussion hosted by Building Magazine. For further details either click here or go to the Building website, www.building.co.uk.

  • "Establishing dispute boards; selecting, nominating and appointing dispute board members"

    6-7 May 2006

    Nicholas Gould, in a paper given to the 6 th annual DRBF International Conference held at Budapest on 6-7 May 2006, discusses the establishment of dispute boards.  In his analysis, Nicholas considers the standard FIDIC, ICC and ICE provisions as well as those contained within the World Bank procurement procedures. 

  • "The A-Z of dispute resolution"

    May 2006

    Victoria Russell, in a paper given at the 12th Fenwick Elliott Adjudication Update Seminar, discusses the key forms of dispute resolution including adjudication, arbitration, dispute resolution boards, early neutral evaluation, expert determination, litigation, mediation, the mini-trial, negotiation and project (or contracted) mediation.