Court resources are scarce. This is a universal truth, although no one seems to have cracked the code that will solve the problem.
The answer may be as simple as alternative dispute resolution. Sensible commercial parties have always engaged in ADR and more and more jurisdictions around the world are promoting a culture where [...] read more »
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Julie Whitehead
Posts by Julie Whitehead
Self-determination not litigation
Ten years of Project Delivery in Australia
Perhaps because we live ‘Down Under’, Australians have always been somewhat contrarian. We like our beer cold, for example, and play our favourite game of football with a pointy ball instead of a round one.
So while the past ten years have provided an interesting economic backdrop for players in the construction industry – [...] read more »
A return to Arbitration?
Disputes in the construction industry have historically lent themselves to the utilisation of alternative dispute resolution (ADR) processes. During the boom times of the late nineties and early noughties, parties to construction contracts focussed less on hard dollar contracts and strict legal claims, and more on relationship based contracting and dispute avoidance, such that reliance on more formal ADR fell away. read more »
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