Alternative Dispute Resolution Procedure

Alternative Dispute Resolution Procedure in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]In an appropriate case, the Technology and Construction Court may indicate the type of Alternative Dispute Resolution that it considers suitable, but the decision in this regard must be made by the parties. In most cases, the appropriate Alternative Dispute Resolution procedure will be mediation. If at any stage in the proceedings the Technology and Construction Court considers it appropriate, an Alternative Dispute Resolution order in the terms of this legal Encyclopedia may be made. If such an order is made at the first case management conference, the Technology and Construction Court may go on to give directions for the conduct of the action up to trial (in the event that the Alternative Dispute Resolution fails). Such directions may include provision for a review case management conference. The Technology and Construction Court will not ordinarily recommend any individual or body to act as mediator or to perform any other Alternative Dispute Resolution procedure. In the event that the parties fail to agree the identity of a mediator or other neutral person pursuant to an order in the terms of this legal Encyclopedia, the Technology and Construction Court may select such a person from the lists provided by the parties. To facilitate this process, the Technology and Construction Court would also need to be furnished with the CVs of each of the individuals on the lists. Information as to the types of Alternative Dispute Resolution procedures available and the individuals able to undertake such procedures is available from TeCSA, TECBAR, the Civil Mediation Council, and from some Technology and Construction Court court centres outside London.