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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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