Note: These stop press extracts from the latest release of Building Contract Disputes: Practice and Precedents are intended for use in conjunction with the main loose leaf work, available from Sweet & Maxwell. The main work, and these extracts, are the copyright of Sweet & Maxwell Limited, and are subject to the same restrictions on use and copying as the main work.
References are references to the main work.
Chapter 4 Alternative Dispute Resolution
Success Rates in ADR
Para 4-27
Release 18 will mention the new initiative of the court to collect some more reliable data on the use of ADR in construction cases. The TeCSA note to members of 18th May 2006 summarises the survey as follows:
The TCC in conjunction with King’s College is doing a survey on the effectiveness of mediation in TCC cases. TeCSA has made a contribution to the costs of administering this survey.We have been sent a copy of the two forms that will be used in the survey by Mr Justice Jackson. The forms are attached. Form 1 will be sent to solicitors on both (or all) sides after a case has settled. Form 2 will be sent to solicitors at the end of a case which has proceeded to final judgment.The responses will be analysed at King’s College. What will ultimately be published will be statistical information and the general picture which emerges, not details about individual cases. Obviously it is entirely optional whether or not clients consent and solicitors respond to this survey.
The more people who participate in the survey the more useful the results. TeCSA is supporting this initiative and asks you to fill in and return the forms.
Early Neutral Evaluation
Para 4-60 et seq
Release 18 will contain details of the new TCC Court Settlement Process, including the new experimental form of Court Settlement Order.