3 Resolution: Settling Disputes by Consent
Contents
| ■ WHAT IS CONSENSUAL SETTLEMENT? |
| ■ INFORMAL DISCUSSION |
| ■ COMPLAINTS PROCEDURE |
| ■ NEGOTIATION |
| ■ EXPERT EVALUATION |
| ■ MEDIATION |
‘See you in court.’ This may be an often-heard threat but very few construction disputes actually end up in court. The intention of this chapter and the following one is not only to describe the litigtaion process, but also to examine the main alternatives to litigation: to explain their respective characteristics, to explore their strengths and weaknesses and to demonstrate why having your day – or several days – in court is rarely the best way to settle a dispute, and is unlikely to be satisfying. There is a wide range of alternatives, each with its own advantages and ...
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