Alternative dispute resolution
Fenwick Elliott is a leader in the field of ADR and in particular mediation. We have been instrumental in promoting mediation, and a range of ADR techniques such as early neutral evaluation, project mediation and expert determination, and dispute boards throughout the construction and energy industries.
We are firm advocates of ADR, recognising that used in the right place and at the right time, commercial mediation, for example, can resolve differences quickly and cost-effectively. Our specialist experience, whether as mediator or party representative involved in a multi party, multi million-pound negotiation, means that we can provide our clients with a sound risk management strategy to resolve their disputes.
Our innovative record speaks for itself and the Centre for Effective Dispute Resolution (CEDR) presented Fenwick Elliott with a 20th anniversary award in recognition of our commitment to mediation.
Fenwick Elliott headed the research programme that lead to the publication of Mediating Construction Disputes: An Evaluation of Existing Practice. This report, used by Lord Justice Jackson in his Review of Civil Litigation Costs, combines hard detail about the use of mediation within UK construction disputes with a summary of the existing knowledge about mediation in the common law world and its relation to other formal and informal methods of dealing with construction disputes.
Fenwick Elliott is also a pioneer in the field of project mediation. Nicholas Gould led the drafting of CEDR’s Project Mediation Procedural Rules and also co-drafted the paper CEDR Solve Project Mediation – where effective relationship management and project risk management meet.
Key case law on mediation and costs lists the key findings of important judgements regarding mediation and costs over the past ten years.