The Evolution of Construction Dispute Resolution

A special issue of Buildings (ISSN 2075-5309). This special issue belongs to the section "Construction Management, and Computers & Digitization".

Deadline for manuscript submissions: closed (31 August 2023) | Viewed by 1348

Special Issue Editor


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Guest Editor
Department of Architecture, University of Strathclyde, Glasgow G1 1XQ, UK
Interests: construction law; building control; regulation

Special Issue Information

Dear Colleagues,

Construction disputes by their very nature are often complex, sometimes multiparty disputes, many of which are not suited to either adjudication or traditional form of litigation (these being potentially slow, expensive, and divisive). The sheer complexity of construction disputes often leading to expensive, time-consuming, and stressful paths being trodden through the traditional resolution terrain creates a compelling case for the introduction of alternative approaches within this adversarial industry. In recent years, governments and key players in commerce have emerged as advocates of mediation as a first-choice method of settling disputes. While accepting that arbitration has long been one of the most commonly used forms of final dispute resolution for construction and engineering projects, the value of mediation has also been widely acknowledged worldwide, as evidenced by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes prior to litigation.

Notwithstanding the growing interest in mediation, one of the key trends within the dispute resolution arena is the adoption of multitiered procedures that combine arbitration with other forms of ADR, or through alternative methods of structuring the arbitration procedure, allowing it to be managed more effectively.

This Special Issue will consider these and other issues associated with the development and evolution of dispute avoidance and alternative dispute resolution within the context of contractual provisions and national civil justice systems. Academic contributions are particularly welcome in, but are not limited to, the following topic areas:

  • The role of project sponsors, contractors, and designers in the development of dispute avoidance strategies;
  • The transformative potential of technology in mediation and arbitration;
  • The Singapore convention and the enforcement of transnational mediated settlement agreements;
  • Transforming the adversary position of parties in the construction process;
  • Increasing transparency in the arbitrator and mediator selection process.

Dr. Andrew Agapiou
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a single-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Buildings is an international peer-reviewed open access monthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 2600 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • disputes
  • mediation
  • arbitration
  • adjudication
  • alternative dispute resolution
  • conflict avoidance and prevention

Published Papers

There is no accepted submissions to this special issue at this moment.
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