To contact or appoint Nicholas Gould, call CEDR on +44 (0)207 536 6060 or email firstname.lastname@example.org
Listed as a Mediator in the 2011 Legal 500 and the 2011 International Who’s Who of Commercial Mediators. Described by Chambers and Partners as “very well known in his field” with ADR very much contributing to his assent. The IBA’s Who’s Who Legal Construction 2007 said he was “revered for his excellent mind”. The IBA 2009 Edition of the International Who’s Who of Business Lawyers Today listed Nicholas as one of the 10 most highly regarded individuals internationally for construction law. He is one of only two London law firm partners to achieve that status.
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Nicholas conducts a mix of dispute resolution and non-contentious work. Predominately advising institutions and companies who own, finance, invest, build and facilitate development opportunities and construction projects.
He is the chairman of the standing committee of the ICC’s International Centre for Expertise, past chairman of the Society of Construction Law and chairman of the Adjudication Society. He is a Visiting Senior Lecturer at King’s College London and also a visiting lecturer at the Postgraduate Centre at the University of Vienna, teaching part of the LLM/MLS in International Construction Law.
His dispute resolution experience spans:
- Litigation (especially the Technology & Construction Court)
- Arbitration (domestic and international) ICC, LCIA, SIAC, DIAC, ICSID, LMAA, CIMAR
- Dispute Adjudication Boards
- Early Neutral Evaluation and other ADR techniques
- Expert Determination
He acts in a wide range of construction sectors including: general construction,
In 2010 Fenwick Elliott LLP received an award from CEDR for;
“its commitment to the adoption of mediation in commercial disputes and for its long-standing support, through membership of CEDR, to the continuing innovation and development of ADR”.
- CEDR Advanced Certificate in Construction Mediation – course development in collaboration with CEDR, including mediator assessment (2009)
- Dispute Resolution Board Foundation’s DRB/DAB practices and procedures training and the advanced chairing workshop (October 2004, San Francisco)
- CEDR Mediation Training, 1994
- UK Mediation, 10 week Mediation training course, 1998
- LLM. Masters Degree in Laws, University College London (1996/97). Distinction for the London School of Economics Module on ADR.
- LPC. Diploma in Legal Practice at the College of Law, Store Street, London (1995/96). Awarded a Commendation
- Dip Law. Post-graduate Diploma in Law from the University of Westminster (1993-95) Part-time student representative.
- BSc (Hons). First class Honours Degree in Quantity Surveying (1990-92). Royal Institution of Chartered Surveyors Prize for best student and a prize-winner of the KPMG Faculty Award for major project cost planning.
Professional Qualifications and Memberships
- Admitted as a Solicitor of the Supreme Court (1999).
- Fellow, Royal Institution of Chartered Surveyors (2000 FRICS, ARICS since 1994).
- Fellow, Chartered Institute of Arbitrators (FCIArb 2007, MCIArb since 2003).
- Honorary Member, Croatian Mediation Association (2012).
- Member, International Chamber of Commerce (ICC).
- Member, London Court of International Arbitration (LCIA).
- Member, International Bar Association (IBA).
- Member, Technology and Construction Solicitors’ Association (TecSA).
- Member, Society of Construction Law (SCL).
- Member, Dispute Resolution Board Foundation (DRBF 2003).
- Member, Adjudication Society (since formation 1999).
- Member, Chartered Institute of Building (1996 MCIOB, Associate since 1990).
- Freeman, Worshipful Company of Arbitrators.
- Member, NEC User's Group.
- Member, FIDIC NET.
- Chairman, Standing Sub-Committee of the International Chamber of Commerce’s (ICC) International.
- Centre for Expertise (Le Centre international d'expertise de la CCI), (2007).
- Chairman, CIArb and Adjudication Society’ s Adjudication Committee (2010-2011).
- Past President, Dispute Resolution Board Foundation (DRBF) Region 2 (May 2010 until May 2011).
- Past Chairman, Society of Construction Law (Vice-Chairman 2005, Secretary 2004 Co-opted, from 2001) and Chair of Junior Committee and Advocacy Training (2003).
- Past Chairman, Adjudication Society (Vice Chair 2006-08) and case notes editor since inception (1999).
- Co-Chair, International Bar Association’s International Projects and Dispute Conference, Brussels (2008).
- RICS Contracts Panel (2007- 2010).
- RICS Dispute Resolution Faculty Board, Co-opted (2004- 2010).
Nicholas led the drafting of CEDR’s Model Project Mediation Agreement and Model Project Mediation Protocol (2008). He writes or edits the Case Summary every week for the internet site of Building Magazine (since 2003) and the Case Notes for the Adjudication Society’s Newsletter, (since the Society’s inception in 1999).
Nicholas has written widely on the subject of ADR, dispute resolution and in particular mediation. He conducted research in the early 1990’s with UMIST (Manchester University) before then conducting research for the Government into the use of ADR and in particular mediation in the construction industry. Results were published as a report and also widely as articles and as a book “Dispute Resolution in the Construction Industry”, (1999) Thomas Telford, London.
Nicholas has recently led funded research conducted for the King’s College London and the High Court considering the use of mediation in construction and technology disputes.
“Nicholas and I jointly developed this initiative, which led to the King’s College London [mediation] research project. … the information which the King’s College London research has gathered and analysed will be of assistance both to policy makers generally and to judges and practitioners in their management of individual cases.”
Rt Hon Rupert Jackson,
Lord Justice of Appeal,
Royal Courts of Justice, January 2010
“This is the most fascinating publication to have come across my desk for many a year.”
Rt Hon Philip Otton LJ
Lord Justice of Appeal
Nicholas received a CEDR Award for Excellence in 2010 and a Silver Medal in the CIOB’s Literary Awards in 1999.
Publications include (those below relate only to ADR and dispute resolution):
Books, Chapters, Reports, Contracts
- Gould, N. King, C. and Britton P. (2010) Mediating Construction Disputes: An evaluation of Existing Practice, King’s College London. Preface by Rt Hon the Lord Woolf, foreword by Rt Hon Rupert Jackson.
- Gould, N. and Ors (2009) “The Use of Mediation in Construction Disputes: Summary Report of the Final Results” King’s College London and HMCS, 7 May 2009.
- Gould, N. and Russell, V. (2007) Chapter 11 “Claims and Dispute Resolution” in Pickavance, K. Practical Construction Guides: Construction Law and Management, Informa. Preface written by Russell, V. and Gould, N.
- Gould, N. and Hudson Tyreman, A. (2007) “Mediation in Construction; and Interim Report” Kings College, London.
- Gould, N. and Russell, V. (2005) “Module 10: Dispute Resolution” part of Self Study Construction Law Course, Informa.
- Gould, N, Pickavance, K and Dr Critchlow, J. (2003/04) the PFE Change Management Supplement and Guidance Notes for use with the JCT, ICE and NEC contracts.
- Gould, N. Capper, P. Dixon, G. & Cohen, M. (1999) Dispute Resolution in the Construction Industry, Thomas Telford, London. Foreword by the Rt Hon Lord Justice Otton FCIA. On 2 March 2001 Nicholas received a Silver Medal in the Chartered Institute of Building's Literary Awards for this book.
- Gould, N. Capper, P. Dixon, G. & Cohen, M. (1998) An Evaluation of the Dispute Resolution Techniques in the British Construction Industry: A Survey and Series of Case Studies of British Practice, DETR Partners in Technology Report.
Video, Radio and Internet
- CPD Cast, ‘Mediating Construction Disputes’ (April 2011).
- Informa, Chairman of the first Informa Construction Law Web Congress (20 March 2009).
- College of Law training video ‘CDM, Collaboration and the Construction Industry Tax Scheme’ (October 2007).
- Einstien Network for a 20 minute training video ‘Construction Mediation Update’ (November/December 2003).
- Speaking live on BBC Southern Counties Radio regarding residential defects and NHBC (5 June 2003).
- Played the part of a co-mediator in the 15 minutes training and promotional video MEDIATION first produced by Manchester mediation services (1999).
Articles, conference papers etc (a selection, ADR related)
- Gould, N. (2012) “Mediating Construction Disputes” Zagreb, Croatia, 5 March.
- Gould, N. (2011) “Competence in cash and conflict – Conflict Avoidance & Dispute Resolution” RICS Construction Journal, Nov-Dec. pp10.
- Gould, N. (2011) ICE – Mediation Symposium, 25 January.
- Gould, N, King, C and Britton P (2010) “Mediating Construction Disputes: An Evaluation of Existing Practice – Part 4”, Civil Engineer Surveyor, November, pp 39-43.
- Gould, N and Sinclair, S (2010) “Building Bridges”, Solutions: Civil Justice Magazine, Issue 20, The Law Society, October, p 15.
- Gould, N, King, C and Britton P (2010) “Mediating Construction Disputes: An Evaluation of Existing Practice – Part 3”, Civil Engineer Surveyor, September, pp 45-51.
- Gould, N, King, C and Britton P (2010) “Mediating Construction Disputes: An Evaluation of Existing Practice – Part 2”, Civil Engineer Surveyor, July/August, pp 45-48.
- Gould, N, King, C and Britton P (2010) “Mediating Construction Disputes: An Evaluation of Existing Practice – Part 1”, Civil Engineer Surveyor, June, pp23-26.
- Gould, N. (2009) “Mediation and Construction Disputes: Recent Research” Building Magazine, May.
- Gould N. (2009) “The Mediation of Construction Disputes: Recent Research”, Civil Engineering Surveyor, Construction Law Review 2009.
- Gould N. (2009) “Maintaining the Relationship and Building Trust”, Contract Management, Performance Monitoring and Dispute Resolution for PPP / PFI Projects, SMi, Copthorne Tower Hotel, London (11 and 12 May).
- Gould N. (2008) “Dispute Avoidance and Resolution”, Legal Issues in the Construction Industry Conference, RICS (21 October).
- Gould, N. (2006) “Establishing Dispute Boards: Selecting, Nominating and Appointing Board Members” SCL paper 135, a paper given at the Society of Construction Law’s International Conference in Singapore 16-17 October.
- Gould, N. (2006) “Institution of Civil Engineers Mediation Workshop,” Leading an Open Mediation Workshop, ICE, London, 1 November.
- Gould, N. (2006) “Establishing Dispute Boards”, Dispute Review Board Foundation’s International Conference Budapest, 6-7 May.
- Gould, N. (2006) “Evolving Justice” RICS, Construction Journal, June 06, p 14-15.
- Gould, N (2005) “”The status of an adjudicator’s decision; does it create a cause of action in its own right?” Vol. 21, Construction Law Journal, No 6, Sweet & Maxwell, pp 435-455.
- Gould, N. (2004) “Mediation Practice and Procedure” paper given at the National University of Singapore, September.
- Gould, N. (2003) “Arbitration and Litigation”, Construction Law Summer School, Jesus College, Cambridge and IBC, 2-4 September 2003.
- Gould, N. (2001) “Dispute resolution; avoidance and multi-stage procedures” Chartered Surveyor Monthly, November/December, page 32.
- Gould, N. (2000) “Construction Dispute Resolution – an evolving landscape”, Property Law Journal, Number 55, 4 September.
- Gould, N. (1999) “Dispute Resolution in the UK Construction Industry – Processes, perceptions and Predictions”, International Construction Law Review, Issue 4, LLP.
- Gould, N. (1998) ADR in the UK Construction Industry, ARCOM 14th Annual Conference Proceedings, Reading University, September, p. 428-437.
- Gould, N. (1998) “Dispute Resolution in Estonia” in Fenn, P et al (Eds) Dispute Resolution and conflict in construction: An International Perspective, E & FN Spons
- Gould, N. & Cohen, M. (1998) “ADR: Appropriate dispute resolution in the UK construction industry?” 17 Civil Justice Quarterly April, p. 103-127.
- Fenn, P. & Gould, N. (1994) Dispute Resolution in the UK Construction Industry DART Conference Lexington, Kentucky, USA, 16-19 October.
Updated: September 2017