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|Title: ||Barriers to alternative dispute resolution in the construction industry: the Kuwaiti experience|
|Authors: ||Sayed-Gharib, Talib|
Lord, Wayne E.
Price, Andrew D.F.
|Keywords: ||Alternative dispute resolution|
|Issue Date: ||2011|
|Publisher: ||Royal Institution of Chartered Surveyors|
|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.|
|Abstract: ||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.|
|Description: ||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|
|Version: ||Accepted for publication|
|Publisher Link: ||http://site.cibworld.nl/dl/publications/COBRA_2011.pdf|
|Appears in Collections:||Conference Papers and Presentations (Architecture, Building and Civil Engineering)|
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