C209 Sayed-Gharib (2011) Barriers to Alternative Dispute Resolution in the Construction Industry the Kuwaiti experience.pdf (1.08 MB)

Barriers to alternative dispute resolution in the construction industry: the Kuwaiti experience

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conference contribution
posted on 20.01.2017 by Talib Sayed-Gharib, Wayne Lord, Andrew Price
Litigation as a formal way of dispute resolution is time consuming, costly, adversarial and damages, if not destroys, relationships and reputations. There are many alternative forms to litigation and arbitration, also in Kuwait different organisations prepared regulations for different forms of alternative dispute resolution. These forms have been rarely used due to cultural difficulties and to lack of awareness of these forms of dispute resolution. In addition to exploring the advantages of using the alternative dispute resolution forms with construction projects disputes, this paper presents the findings of what alternative dispute resolution strategies are currently been implemented by different organisations in Kuwait. These finding are reinforced by interviews conducted in Kuwait, with workers in the construction industry, to identify the main reasons, in terms of culture and awareness aspects, for not adopting ADR in construction disputes. The barriers to use mediation are found to be, mainly, lack of awareness and another six cultural aspects. However, elimination instruments to the barriers were revealed in this study.

History

School

  • Architecture, Building and Civil Engineering

Published in

COBRA 2011 Proceedings of RICS Construction and Property Conference COBRA 2011 - Proceedings of RICS Construction and Property Conference

Pages

79 - 93

Citation

SAYED-GHARIB, T., LORD, W. and PRICE, A., 2011. Barriers to alternative dispute resolution in the construction industry: the Kuwaiti experience. IN: [Proceedings of] COBRA 2011, 12-13 September. Papers of CIB Working Commission W113 - Law and Dispute Resolution, pp.79-93.

Publisher

Royal Institution of Chartered Surveyors

Version

AM (Accepted Manuscript)

Publisher statement

This work is made available according to the conditions of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) licence. Full details of this licence are available at: https://creativecommons.org/licenses/by-nc-nd/4.0/

Publication date

2011

Notes

This conference paper was presented at COBRA 2011, the Royal Institution of Chartered Surveyors' (RICS) International Research Conference: http://site.cibworld.nl/dl/publications/COBRA_2011.pdf

ISBN

9781907842191

ISSN

9078-4219

Language

en

Location

University of Salford

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