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Gibbons’ review (March 2007):

Alternative Dispute Resolution: Navigating the Economic Recession Ian Fitzgerald School of the Built and Natural Environment. Introduction: Policy Background. Gibbons’ review (March 2007):

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Gibbons’ review (March 2007):

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  1. Alternative Dispute Resolution:Navigating the Economic RecessionIan FitzgeraldSchool of the Built and Natural Environment

  2. Introduction: Policy Background • Gibbons’ review (March 2007): • Changes made in EA 2008 (repealof the statutory dispute resolution procedures; greater role Acas) emphasis on adviceand guidancewhich were the key; • BIS consultation (Jan. 2011): • “…a significant first step • in taking forward the • Government’s review of • employment laws...” • (BIS, 2011: 2).

  3. Introduction: So what was planned? • BIS 2011 consultation government wanted: • “…a reduction of workplace disputes as a result of line managers being able to manage conflict successfully…” (BIS, 2011: 4); • Modernise and streamlinethe tribunals system; • Acasa key bodywith all potential claimants having access to free pre-claim conciliation + potentially all claims to go to them first instead of Tribunals Service; • Emphasis very much on improving existing procedures, advice and guidance to facilitate flexibility and in turn early dispute resolution.

  4. Construction: Conflict a tradition indeed convention? Ministry of Works: Central Council for Works and Buildings (1944) The Placing and Management of Building Contracts,inE.D. Simon(ed.), London: HMSO. Ministry of Works (1962) Survey of Problems before the Construction Industries,in: H. Emmerson(ed.), London: HMSO. Ministry of Public Buildings and Works (1964) The Placing and Management of Contracts for Building and Civil Engineering Work,in: H. Banwell(ed.), London: HMSO. Latham, M., Sir. (1994) Constructing the Team: Final Report of the Government/Industry Review of Procurement and Contractual Arrangements in the United Kingdom Construction Industry, London: HMSO. Egan, J., Sir. (1998) Rethinking Construction: The Report of the Construction Industry Task Force, London: HMSO.

  5. Emmerson (1962) industry should focus its attention upon the dysfunctional relationshipsthat typically existed between building industry-related organizations during the design development and on-site fabrication of new-build, medium-sized and large projects; • Latham (1994) cited the lack of trust and insufficient money key factors that were choking the industry through chronic conflict; • Inthe report of the Construction Task Force (Egan, 1998), Sir John Egan recognizes that the fragmentation of the UK construction industry inhibits performance improvement. He vindicates the existence of fragmentation by explaining that it typically involves: • A large number of separate organizations in design, price determination, production and management; and • The utilization of an extensive range of materials and components which are manufactured and supplied by a number of other industries. Construction: Conflict a tradition indeed convention?

  6. With construction trust and partnering relations?: • The Trusted Partner - £2billion vision • What about employees? • JIB-ECI – an island in a conflict based sea; • With current government policy (BIS, 2011): • Early resolution – Acas 1st ET 2ndnot compulsory but one month ‘cooling off’ period; • Modernisingtribunals – longer unfair dismissal qualifying period, judges in control, fees and costs No state funding! Conclusions: Where are we now?

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