Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed.
This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.
1. The Construction Industry and its disputes. 2. Third party involvement in the resolution of construction contract disputes. 3. Resolutions imposed by a third party. 4. Consensual resolution of disputes. 5. Conciliation of Construction Contract Disputes in Ireland. 6. The use of other Alternative Dispute Resolution Methods in the Irish Construction Industry. 7. The role of the Conciliator’s Recommendation in Irish conciliation.. 8. Choosing and appointing the conciliator. 9. The Initial Meeting. 10. Conducting the conciliation. 11. The Conciliator's Recommendation. 12. Multi-Party Disputes. 13. Conciliation and the Law. 14. Summary and Conclusions.
Biography
Brian Bond is a Chartered Engineer and Fellow of the Chartered Institute of Arbitrators. He is one of the first practitioners in Alternative Disputes Resolution (ADR) in Ireland, conducting his first Conciliation of a construction dispute in 1988. Wide experience of both arbitration and conciliation of construction disputes both in civil engineering and building. He has particular expertise in structural, geotechnical, road works, water services, marine/harbour works and tunnelling and special knowledge of the IEI, RIAI, GDLA, FIDIC and Public Works (GCCC) forms and the various standard forms of sub-contract.
