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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

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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