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ARTICLE · 02 AUGUST 2006

An Introduction to Dispute Resolution Procedures – Part 2

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In the concluding of a two-part article, Nicholas Gould considers some of the alternative and more innovative dispute resolution procedures that are used in the construction industry.

United KingdomReal Estate and Construction
Nicholas Gould
Nicholas Gould
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In the concluding of a two-part article, (to read part 1 please click here) Nicholas Gould considers some of the alternative and more innovative dispute resolution procedures that are used in the construction industry.

Mediation and Conciliation

ADR is usually taken to mean "alternative dispute resolution", or "appropriate dispute resolution". The most frequently encountered ADR technique is mediation or conciliation. There is little difference between the processes, however, a distinction that can be drawn is that in the construction industry conciliation might be more evaluative. An example of this is the ICE conciliation procedure. If the parties cannot agree a settlement then the conciliator will make a binding recommendation. On the other hand, CEDR promote a process of mediation whereby the mediator does not make a recommendation.

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