Utilizing ADR to resolve construction disputes: A quantitative survey of Scottish legal practitioners' awareness and experiences

Research output: Chapter in Book/Report/Conference proceedingConference contribution book

Abstract

It is widely documented that legal practitioners perform a gate-keeping role, advising clients on the most appropriate form of dispute resolution for particular cases (Agapiou & Clark, 2010). It would be interesting to ask whether the attitudes of the legal fraternity in Scotland creates a real limit on what could be implemented by a government that seeks to promote novel means of dispute disposal as part of its civil justice reform agenda. Drawn from questionnaire -based research, the aim of this paper is to establish lawyers' awareness, attitudes and experiences of Alternative Dispute Resolution (ADR). Despite the small sample used in this study, there is evidence that more education in ADR procedures and their application could provide further opportunity to develop them as settlement tools in Scotland by building on more positive aspects of responses within the survey. Only some in the legal fraternity have embraced the challenge of what the study has found to be regarded widely as an opportunity. Further education, training and publication of successful execution may be necessary to convince doubters that ADR needs to be part of the menu of methods of dispute resolution for the modern practitioner.

LanguageEnglish
Title of host publicationCOBRA 2011 - Proceedings of RICS Construction and Property Conference
Place of PublicationLondon
Pages12-23
Number of pages12
Publication statusPublished - 1 Dec 2011
EventRoyal Institution of Chartered Surveyors International Research Conference, COBRA 2011 - Salford, United Kingdom
Duration: 12 Sep 201113 Sep 2011

Conference

ConferenceRoyal Institution of Chartered Surveyors International Research Conference, COBRA 2011
CountryUnited Kingdom
CitySalford
Period12/09/1113/09/11

Fingerprint

Education

Keywords

  • Alternative dispute resolution
  • Lawyers
  • Scotland

Cite this

Agapiou, A. (2011). Utilizing ADR to resolve construction disputes: A quantitative survey of Scottish legal practitioners' awareness and experiences. In COBRA 2011 - Proceedings of RICS Construction and Property Conference (pp. 12-23). London.
Agapiou, Andrew. / Utilizing ADR to resolve construction disputes : A quantitative survey of Scottish legal practitioners' awareness and experiences. COBRA 2011 - Proceedings of RICS Construction and Property Conference. London, 2011. pp. 12-23
@inproceedings{c3619ba880de4f2995efbd1d03d642f2,
title = "Utilizing ADR to resolve construction disputes: A quantitative survey of Scottish legal practitioners' awareness and experiences",
abstract = "It is widely documented that legal practitioners perform a gate-keeping role, advising clients on the most appropriate form of dispute resolution for particular cases (Agapiou & Clark, 2010). It would be interesting to ask whether the attitudes of the legal fraternity in Scotland creates a real limit on what could be implemented by a government that seeks to promote novel means of dispute disposal as part of its civil justice reform agenda. Drawn from questionnaire -based research, the aim of this paper is to establish lawyers' awareness, attitudes and experiences of Alternative Dispute Resolution (ADR). Despite the small sample used in this study, there is evidence that more education in ADR procedures and their application could provide further opportunity to develop them as settlement tools in Scotland by building on more positive aspects of responses within the survey. Only some in the legal fraternity have embraced the challenge of what the study has found to be regarded widely as an opportunity. Further education, training and publication of successful execution may be necessary to convince doubters that ADR needs to be part of the menu of methods of dispute resolution for the modern practitioner.",
keywords = "Alternative dispute resolution, Lawyers, Scotland",
author = "Andrew Agapiou",
year = "2011",
month = "12",
day = "1",
language = "English",
isbn = "9781907842191",
pages = "12--23",
booktitle = "COBRA 2011 - Proceedings of RICS Construction and Property Conference",

}

Agapiou, A 2011, Utilizing ADR to resolve construction disputes: A quantitative survey of Scottish legal practitioners' awareness and experiences. in COBRA 2011 - Proceedings of RICS Construction and Property Conference. London, pp. 12-23, Royal Institution of Chartered Surveyors International Research Conference, COBRA 2011, Salford, United Kingdom, 12/09/11.

Utilizing ADR to resolve construction disputes : A quantitative survey of Scottish legal practitioners' awareness and experiences. / Agapiou, Andrew.

COBRA 2011 - Proceedings of RICS Construction and Property Conference. London, 2011. p. 12-23.

Research output: Chapter in Book/Report/Conference proceedingConference contribution book

TY - GEN

T1 - Utilizing ADR to resolve construction disputes

T2 - A quantitative survey of Scottish legal practitioners' awareness and experiences

AU - Agapiou, Andrew

PY - 2011/12/1

Y1 - 2011/12/1

N2 - It is widely documented that legal practitioners perform a gate-keeping role, advising clients on the most appropriate form of dispute resolution for particular cases (Agapiou & Clark, 2010). It would be interesting to ask whether the attitudes of the legal fraternity in Scotland creates a real limit on what could be implemented by a government that seeks to promote novel means of dispute disposal as part of its civil justice reform agenda. Drawn from questionnaire -based research, the aim of this paper is to establish lawyers' awareness, attitudes and experiences of Alternative Dispute Resolution (ADR). Despite the small sample used in this study, there is evidence that more education in ADR procedures and their application could provide further opportunity to develop them as settlement tools in Scotland by building on more positive aspects of responses within the survey. Only some in the legal fraternity have embraced the challenge of what the study has found to be regarded widely as an opportunity. Further education, training and publication of successful execution may be necessary to convince doubters that ADR needs to be part of the menu of methods of dispute resolution for the modern practitioner.

AB - It is widely documented that legal practitioners perform a gate-keeping role, advising clients on the most appropriate form of dispute resolution for particular cases (Agapiou & Clark, 2010). It would be interesting to ask whether the attitudes of the legal fraternity in Scotland creates a real limit on what could be implemented by a government that seeks to promote novel means of dispute disposal as part of its civil justice reform agenda. Drawn from questionnaire -based research, the aim of this paper is to establish lawyers' awareness, attitudes and experiences of Alternative Dispute Resolution (ADR). Despite the small sample used in this study, there is evidence that more education in ADR procedures and their application could provide further opportunity to develop them as settlement tools in Scotland by building on more positive aspects of responses within the survey. Only some in the legal fraternity have embraced the challenge of what the study has found to be regarded widely as an opportunity. Further education, training and publication of successful execution may be necessary to convince doubters that ADR needs to be part of the menu of methods of dispute resolution for the modern practitioner.

KW - Alternative dispute resolution

KW - Lawyers

KW - Scotland

UR - http://www.scopus.com/inward/record.url?scp=84874981845&partnerID=8YFLogxK

M3 - Conference contribution book

SN - 9781907842191

SP - 12

EP - 23

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

CY - London

ER -

Agapiou A. Utilizing ADR to resolve construction disputes: A quantitative survey of Scottish legal practitioners' awareness and experiences. In COBRA 2011 - Proceedings of RICS Construction and Property Conference. London. 2011. p. 12-23