On Wednesday 16 February 2010 the Final Report Mediating Construction Disputes: an Evaluation of Existing Practice was launched. The report, produced by King's College London, is the result of a four-year research project carried out by Nicholas Gould for the Centre of Construction Law at Kings utilising and analysing data from the Technology and Construction Court in London, Birmingham and Bristol. It combines hard - and sometimes surprising - detail about its practice, from questionnaires completed by those actually involved in TCC litigation, with a summary of the existing knowledge about mediation in the common law world and about its relation to other formal and informal methods of dealing with construction disputes.
The report was a collaborative project involving several contributors with support throughout from the Society of Construction Law. Some of the findings have recently been quoted by Lord Justice Jackson in his Review of Civil Litigation Costs. In the Foreward to this Final Report Lord Justice Jackson notes that "Empirical data are far more valuable than the anecdotal evidence about litigant behaviour which sometimes informs decisions".
The report is available for download below either in its entirety or in three parts if you prefer.
Download the full report (11MB)