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Amankona, D (2021) Socio-ecological impacts and adaptations arising from Chinese-led infrastructure developments in Africa: A case study of the BUI hydropower dam in Ghana, Unpublished PhD Thesis, , Open University.

Bailey, K A (1995) The metamorphosis of Battersea, 1800-1914: a building history, Unpublished PhD Thesis, , Open University.

Bamisile, A (1991) A communication system approach to the management of quality in construction, Unpublished PhD Thesis, , Open University.

Greed, C H (1990) The position of women in surveying, Unpublished PhD Thesis, , Open University.

Jenner, M S (1997) Designing high performance teams for projects: a study of 49 project teams in the UK construction industry, Unpublished PhD Thesis, School of Management, Open University.

Keevil, P (1998) Feasibility of representing selected elements of the 1985 building regulations in prolog or other rule-based form, Unpublished PhD Thesis, , Open University (United Kingdom).

Keevil, P S (1998) Feasibility of representing selected elements of the 1985 building regulations in prolog or other rule-based form, Unpublished PhD Thesis, , Open University.

Lamirande, M (2023) Exploring practices and understandings of designing inclusively, Unpublished PhD Thesis, , Open University.

Mobus, M A C (2011) The Burford Masons and the changing world of building practice in England, 1630-1730, Unpublished PhD Thesis, , Open University.

Rowbotham, A (2018) Designing for fluid transitions to sustainable infrastructure: the case of the Bedford & Milton Keynes Waterway, Unpublished PhD Thesis, , Open University.

Sidoli, J S (2021) Disputing in the built environment, Unpublished PhD Thesis, , Open University.

  • Type: Thesis
  • Keywords: alternative dispute resolution; built environment; conflict resolution; dispute resolution; disputes; litigation; client; lawyer
  • ISBN/ISSN:
  • URL: https://doi.org/10.21954/ou.ro.00012894
  • Abstract:
    This PhD argues, in the context of conflict resolution in the built environment, that negotiated settlements are a human good – and ergo are worth pursuing in most cases – and that pragmatism, rather than 'rights' talk, is properly at the forefront of most decision-making in the private law context. This challenges the dominant discourse, which sanctifies rights, views court-based litigation as a panacea, and lawyers and binary win-lose scenarios as 'resolutions'. This thesis shows, through the interaction of theory and practice, that the private law sphere is distinct from the public law paradigm. Contrary to the orthodoxy of the theorists criticised in the PhD, alternative dispute resolution works for the good of the parties and for the common good. Grounded lawyers, with due humility, can work with clients and opponents to reach honourable compromises, encouraging people on all sides of many private law disputes to move forward in their lives with a due sense of proportion.