In a world where parties to a dispute seek a speedy resolution, to allow life to return to normal, does it matter if the process of resolution is called "adjudication" or "arbitration" so long as it solves their quarrel? read more...

Expert witnesses play an important role in the administration of justice. Their overriding duty is to assist the court by providing objective, unbiased evidence. To achieve this they must understand their role as experts and should take their training as experts as seriously as their training in their primary discipline. read more...

Adjudication Society newsletter August 2008, featuring ADA Executive Director Bob Davis' regular "Chairman's Corner" column. read more...

The construction industry has historically been plagued with conflict and disputes often resulting in costly legal proceedings. In the majority of cases mediation is not the first port of call to be considered to resolve disputes that may arise and is often only considered as a last minute alternative after costly and time consuming forays into adjudication, arbitration or litigation. By contrast, Project Mediation provides the project team with a much better chance to resolve differences as they arise, before they become disagreements and ultimately disputes. This paper, presented by Bob Davis to a meeting of the Society of Construction Law (UAE) in Dubai in February 2008 discusses the benefits of project mediation and its role in the avoidance of costly disputes. read more...

Whilst perceived wisdom is "Prevention is better than cure", the focus of attention within the construction industry appears to be on cure not prevention. read more...

Adjudication was introduced on the basis that "one size fits all", allowing simple and complex disputes alike to be referred to Adjudication. Is the process of adjudication a suitable forum to effectively deal with both simple and complex disputes? This article examines the development of Adjudication since its introduction together with commentary from the Judiciary opening up a debate as to whether one size really does fit all! read more...

Since the introduction of Adjudication as we now know it, the size and complexity of cases being referred has exceeded industry's original understanding of the process. In considering complex cases, the parties usually provide a mountain of data and due to time constraints it may be impossible for the Adjudicator to read through and process it all, hence the need for assistance in the form of an assessor. It may be in the Parties best interest to embrace the use of assessors in such complex disputes in order to enable an Adjudicator to focus on the issues in dispute and not get bogged down in detail. read more...

Are all construction disputes, even the largest and most complex, appropriate subjects for statutory adjudication? Some commentators suggest that there may be a tension between natural justice and the nature of the adjudication procedure as applied to some matters. Despite these concerns, adjudication remains a one-stop-shop for construction disputes. read more...