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13 December 2013 / David McIntyre
Issue: 7588 / Categories: Features , Procedure & practice , ADR
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We can work it out

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David McIntyre provides a personal view of ADR from an expert engineer

Disputes consume energy and resources that could otherwise be used to make positive contributions to businesses and society as a whole. Sadly, disagreements are an inevitable consequence of human interaction and irrespective of what we try to do to prevent them from occurring they still happen. Indeed we have created an industry to deal with them.

 

Quick & decisive

For all our sakes, we need to resolve disputes as efficiently as possible. I am not advocating a return to duelling or bare knuckle fights. However, these methods did have the advantage of being quick and decisive. Even though in the construction industry we usually do not now settle our differences by combat, there is still a tendency to declare war any time there is a disagreement.

Disputes arise out of time pressures, money, inappropriate allocation of risks, conflicts of interests etc. However, parties are often reluctant to contemplate that their project will get into difficulties; perhaps it is

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NEWS
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A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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