MSc in Construction Law and Dispute Resolution - Essay Example

Comments (0) Cite this document
Summary
 In the paper “MSc in Construction Law and Dispute Resolution” the author discusses the enforceability of mediation outcomes and provides recommendations to overcome such difficulties. Dispute resolution method potentially ensues in the three outcomes…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.3% of users find it useful
MSc in Construction Law and Dispute Resolution
Read TextPreview

Extract of sample "MSc in Construction Law and Dispute Resolution"

Download file to see previous pages Recent years have registered a growing trend of alternative dispute-resolution methods, for instance, mediation, adjudication, conciliation, and various other hybrid arrangements1. This can be attributed to the drawbacks associated with arbitration and litigation, namely, the upsurge in costs, deferrals and hostile relationships between parties. Unfortunately, during the last decade superfluous and increasingly complicated stipulations were incorporated in construction contracts. In general, this involved the addition of numerous alternative dispute resolution methodologies and arbitration divided into redundant tiers2. These apparently more economic and swift alternative dispute resolution techniques only rendered the process more ineffective instead of the other way round. Mediation plays an integral role in determining the conditions of contracts. The exercise of Alternative Dispute Resolution has gained widespread prominence for working out differences in every sphere of life. During recent years legal systems have increasingly adopted restorative justice practices3, this implies that Alternative dispute resolution is even employed for dealing with criminal cases. ...
2. Dispute Resolution Methods Dispute resolution method potentially ensues in the following three outcomes, namely, an agreement (negotiation), compromise (conciliation) or judgment (court or arbitration rulings). The mediation outcome falls under the agreement and cannot legally bind parties to abide by the mediation outcome unlike arbitration or court proceedings5. But to be an ideal solution, the agreement should meet the interests of all participant parties. 3. Categorization Of Mediation Outcome Arbitration comprises a ruling given by a neutral, mutually nominated arbitrator. However, mediation outcome can be classified as a contract6. By taking into account elements that validate a contract, we can notice that in a mediation outcome, the opposing parties exchange informed offers and acceptances in order to determine an outcome. Moreover, consideration and intention to enter into a legal relationship exists so it can be concluded that it is simply not a concurrence of offers and acceptances. Therefore, the mediation outcome meets the criteria of a contract and should not be confused for a judgment which is a legal determination imposed on parties regardless of their consent. 4. Discharging Mediation Outcome The creditor should normally expect a voluntary settlement as regards to the obligation as is the case in normal contracts. However, in the case where the debtor continues to defer the obligation, the outcome will vary according to the commencement of the mediation process. Normally, two hypothetical circumstances exist: 4.1 Parties choose Mediation over Litigation As mentioned before, a mediation outcome is simply a contract; hence, the creditor can utilize the same remedies as are available to a contractor.  ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“MSc in Construction Law and Dispute Resolution Essay”, n.d.)
Retrieved from https://studentshare.org/law/1448355-dispute-resolution-and-construction
(MSc in Construction Law and Dispute Resolution Essay)
https://studentshare.org/law/1448355-dispute-resolution-and-construction.
“MSc in Construction Law and Dispute Resolution Essay”, n.d. https://studentshare.org/law/1448355-dispute-resolution-and-construction.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF MSc in Construction Law and Dispute Resolution

Alternative Dispute Resolution

...? Alternative Dispute Resolution (ADR) Insert Business Law Business Law Introduction Business law is the law thatis appropriate to business units like partnerships and corporations. For sometimes, QuizLaw has concentrated on the laws associated to the locations and creations like a business. However, most business cases involve disputes brought about by business rivalry, competition or misunderstandings. Such business cases led to the development of Alternative Dispute Resolution (ADR), which helps business people find solutions to their problems before proceeding to...
6 Pages(1500 words)Essay

Dispute resolution

...other. One of the parties might think you are favoring the other side in the decision you are going to make while at times reaching the goal is near to impossible. Mistakes are always common to everyone. Even professionals also do make mistakes in the things they do. I have also learnt the importance of making apologies to the people we have made mistakes to. This helps in rebuilding our relationship with them once more. This helped me when I had problems with my parents. I apologized and I could be forgiven. My bond with them grew stronger that before. Reference Domenici, K. & Littlejohn, S. (2004). Mediation: empowerment in conflict management (2nd edition). Chicago: Waveland Press. Abdel, W. M. S., Katsh, M. E., & Rainey, D. (2012)....
15 Pages(3750 words)Coursework

INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION

...to the commercial businessman’s expectations that arbitration would govern all manners of disputes arising out of the contract, including the dispute as to whether the contract was valid or invalid. However, the Fili court also decided that courts were not giving Section 7 the proper effect “Section 7 will not achieve its purpose if the courts adopt an approach to construction which is likely in many cases to defeat those expectations.”17 Therefore, Fili proceeded to give guidelines for construction of Section 7. The Fili court’s first order of business, with regards to constructing contracts that have arbitration clauses, is to look at the intent of the...
15 Pages(3750 words)Coursework

Construction Law and Dispute Resolution in the Firm

... Construction Law and Dispute Resolution in the Firm 1. Introduction Construction activities may require the main Contractor or the Employer to sublet the work to other contractors. This strategy may be pursued in order to speed up progress or to benefit from specific expertise among other reasons. The individual, business or other such entity that is provided with such contract and has the ability to fulfil such undertaking is referred to as the sub contractor. In all given circumstances the sub contractor is expected to oblige the stipulations of another entity’s contract. Based on the business conditions or other such stipulations the sub contractor may assume many forms through which he fulfils the instilled obligations... application...
6 Pages(1500 words)Essay

Quantity Surveyors Role in Construction Dispute Resolution

...?Wastage of time and money due to disputes has always jeopardized the construction industry but due to the recent phenomena of globalization the probability of occurrence of disputes has increased drastically. The reason being variety of parties with different cultural and legal systems engaged in a single project with varying interests. The situation gets even more critical when the parties involved are international. This problem of the modern day requires a modified approach. For which the construction industry has resorted to Alternative Dispute Resolution (ADR) Techniques. ADR is a new approach which was brought forward in...
8 Pages(2000 words)Assignment

Online Alternative Dispute Resolution

...on this issue, the following questions must be addressed: 1. What is the definition and scope of application in regards to Online Dispute Resolution 2. What is the importance of the rise of Online Dispute Resolution 3. What are the similarities and differences between Online Dispute Resolution and Alternative Dispute Resolution 4. What are some problems affecting efficiency in regards to Online Dispute Resolution in the shadow of the law 5. What are some problems affecting efficiency in regards to the trust mechanism in the online environment By...
25 Pages(6250 words)Essay

Law of International Dispute Resolution

...Running Head: Law of International Dispute Resolution Law of International Dispute Resolution s Law of International Dispute Resolution The new found political and economic composition of Europe that was envisioned following the 1951 Treaty of Paris was a profound step towards the eradication of any future destruction that might threaten the desire for peaceful co-existence on European soil. Following the horrors of WWII, the process of European integration found its beginnings with the establishment of the European Coal and Steel Community in 1951 with six European countries - France,...
15 Pages(3750 words)Essay

Alternative Dispute Resolution

...Dispute Resolution (CEDR) and the International Dispute Resolution Centre, which offers a wide range of mediation and conciliation services. The pre-CPR Latham Report in 1994 entitled “Constructing the Team23” reviewed procurement and contractual practices within the construction industry and highlighted the importance and merits of resolving disputes as early as possible. The Latham report further propounded that a multi-tiered approach to dispute resolution involving ADR would reduce litigation costs in the increasingly adversarial nature of the construction...
16 Pages(4000 words)Essay

International Dispute Resolution

...PART A Advise Altair as to the possible forms of dispute…..advantages and disadvantages of each. Introduction Since disputes generally imply settlement through courts of law, any other forms of settlement are known by “alternative dispute resolution (ADR)”. When the parties involved are from different countries, settlement through the domestic courts of either party is not practicable. The laws relating to the jurisdiction of courts in a country are not suitable for transnational character of the disputes as they are meant for only resolving domestic disputes where parties involved are the citizens of the...
21 Pages(5250 words)Essay

Alternative Dispute Resolution

...HOW TO WIN FRIENDS AND INFLUENCE PEOPLE HOW TO WIN FRIENDS AND INFLUENCE PEOPLE The proposed book was certainly an eye-opener for me as I considered myself a pleasant person and a good conservationist. Reading through the various principles and lessons by Dale Carnegie I came to realize that I miss out on many aspects. Where straightforwardness and honesty is appreciated by few, I now understand why people sometimes got offended by it as well. Personally I did little to recify my statements and believed that the person will appreciate my honesty with time. Being the head of a couple of study groups in school, member of two re-creational societies and currently planning to step into the professional world, I can greatly benefit... TO WIN...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic MSc in Construction Law and Dispute Resolution for FREE!

Contact Us