 |
 |
|||||||||||||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|||||||||||
 |
||||||||||||||||||||
 |
||||||||||||||||||||
Definitions NEGOTIATION is the simplest, cheapest and most obvious way to settle a dispute. In an ideal world, each party would assure the other that it was not the other's fault and amicably resolve the matter between them. LITIGATION is a third party procedure whereby either party refers a dispute to a third party appointed by the State - a Judge - to decide. The cost of the Judge and the Court is free at the moment but this is anticipated to change for civil litigation matters. ARBITRATION is a third party procedure whereby both sides to a dispute agree to let a third party - the Arbitrator - decide. In some instances, this may be a panel. The Arbitrator may be a lawyer or an expert in the field of the dispute. He will make a decision according to the law, known as an award, which is legally binding and can be enforced through the courts. EXPERT DETERMINATION is a third party process in which an independent third party, who is expert in the subject matter, is appointed to decide the dispute. The expert's decision is legally binding for both parties involved in the dispute. DISPUTE RESOLUTION BOARDS, previously known as Dispute Review Boards, are commonly used for large projects. They are typically a panel of three neutrals appointed by both parties who become part of the project team. They are usually technically qualified, experienced and respected. MINI TRIAL/EXECUTIVE TRIBUNAL is a third party procedure in which each party presents its case to a mini-trial panel. This panel generally consists of three members - a representative from each party and a neutral member who acts as mediator or advisor. CONSTRUCTION ADJUDICATION is a third party process with a statutory right that was introduced into all UK construction contracts (by the Housing Grants, Construction and Regeneration Act 1998) and is applicable to all contracts entered into after 1 May 1998. It provides a temporarily binding decision that must be complied with by both parties until overturned or varied by the courts, arbitration or agreement. ALTERNATIVE DISPUTE RESOLUTION (ADR) has traditionally meant anything, other than litigation. However, some commentators have also excluded Arbitration and Construction Adjudication on the basis that these are supported by statute.
Davies & Davies Associates | PO Box 597 | Banbury | OX16 6DN |
||||||||||||||||||||
 |
||||||||||||||||||||
 |
||||||||||||||||||||
 |
||||||||||||||||||||
 |
||||||||||||||||||||
 |
||||||||||||||||||||
 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
