Musings

Dispute Resolution - Rule of Law Lost?

Like democracy, freedom of speech and human rights, "the rule of law" has, perhaps, become confused by over-(mis)use. Not least in the mediation room.

Contracting for Success - Nr 4 Dealing with Disagreement

This final article in this series, deals with disagreement.

Adjudicating a dispute is not a Declaration of War

It was a privilege to be invited to deliver the keynote address for the AMINZ Construction Day, celebrating 20 years of the Construction Contracts Act 2002.

Making Adjudication Work - 5 of 5

The final in the series, looking at the presentation of evidence

Making Adjudication Work - 3 of 5

Adjudication has, with some justification, been criticised for variable outcomes. Much of that criticism has its roots in the poor selection of adjudicators.

Making Adjudication Work 2 of 5

Defining the dispute and issuing the notice of adjudication sets the ball rolling. Do it early, and do it carefully.