Surveys

Dispute-Wise Business Management – 2nd Study

“Latest Trends and Best Practices in Conflict Management from Corporate Law Departments”.

FIDAL and ICDR/AAA have published the results of a study in France highlighting best practices and latest trends in law department organization and corporate conflict management.

This study, carried out with large in-house legal departments, completes a 2009 “Dispute-Wise Business Management” survey which demonstrated economic advantages for companies that make active use of alternative dispute resolution.

Four years later, this study shows how companies in France have integrated this new management tool as part of an approach to better corporate performance, and, following the example of American companies, involving the legal department in strategic management of the company.

To view the results of the study, click here.

FIDAL website www.fidal.fr
AAA/ICDR Website http://www.adr.org/

 

“Mediating Construction Disputes – An Evaluation of Existing Practice”.

Nick Gould

This report utilises and analyses data from the Technology and Construction Court in London, Birmingham and Bristol to look at the use of mediation in construction disputes. The report was a collaborative project involving several contributors with support throughout from the Society of Construction Law and the Centre of Construction Law & Dispute Resolution, School of Law at King’s College London. It is the first piece of empirical research ever undertaken jointly between the Technology and Construction Court (TCC) and an academic institution.

The report was jointly written by Claire King, Associate at Fenwick Elliott LLP, and Philip Britton, former Director of the Centre, now Visiting Professor at King’s also contributed to the report.

The publication combines hard detail about the use of mediation within UK construction litigation with a summary of the existing knowledge about mediation in the common law world and about its relation to other formal and informal methods of dealing with construction disputes.

Some of the findings have recently been quoted by Lord Justice Jackson in his Review of Civil Litigation Costs. In the foreword to this final report Lord Justice Jackson notes that ‘Empirical data are far more valuable than the anecdotal evidence about litigant behaviour which sometimes informs decisions’. The report also includes a preface by Lord Woolf (architect of our present Civil Procedure Rules and a great advocate of mediation).

To download from (Fenwick Elliot page): http://www.fenwickelliott.co.uk/mediating-construction-disputes-download

 

Study: People prefer mediation in civil cases

Article by Kathy Robertson
Sacramento Business Journal
January 22, 2014

“People involved in civil lawsuits prefer mediation to nonbinding arbitration and like judge trials better than jury trials, a new study by a University of California Davis law professor concludes.”

To read the article, click here.

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