Latest Dispute Resolution News
20 Mar 2020Dispute ResolutionAdjudicators and Allegations of Fraud
Allegations of fraud are not an unusual occurrence during adjudication proceedings. An allegation might be made that a party has fabricated a document, forged a signature, deliberately overstated an application for payment or even arranged for a house break-in, in order to steal key documents that an opponent may intend to rely upon. The list goes on.
16 Apr 2019Dispute ResolutionAdjudicator slips, errors and cock-ups!
I have yet to meet an infallible human being. As all adjudicators are either male, female or gender-neutral human beings (there are no known aliens practising – despite rumours to the contrary) we are all prone to the human condition of making slips, errors and mistakes from time to time. Who was it who said “a man who never made mistakes never made anything” and “to err is human”?
5 Mar 2018Dispute ResolutionRip it up and start again
In 1983 Orange Juice (the band) had a hit called “Rip it Up”. It was a good song and it got to 42 in the UK singles chart before fading into history.
5 Mar 2018Dispute ResolutionRecovering Party Costs in Adjudication
The costs of representing a party in adjudication can be significant. Not surprisingly parties are keen, where they can, to recover these costs and there have been a number of reported cases where, for one reason or another, a party has managed to persuade an adjudicator to award the recovery of one party’s costs from its opponents.
3 Mar 2011Dispute ResolutionWhose dispute is it anyway?
I talk a lot with my fellow mediators. We share experiences, good and bad. Give each other tips, de-brief one another and generally trade war stories. So I know that it is not uncommon for mediators to have to deal with an aggressive party or representative
1 Nov 2010Dispute ResolutionAdjudication and Insolvent Companies
Click for a free download of Peter Vinden's paper addressing the impact of corporate insolvency on insolvent parties wishing to take advantage of rights laid down by The Housing Grants and Construction Regeneration Act 1996.
4 Jul 2010Dispute ResolutionGetting to Yes
"Getting to YES: Negotiating Agreement Without Giving In" is a best-selling 1981 non-fiction book written by Roger Fisher and William L. Ury...
1 Apr 2010Dispute ResolutionAdjudication and Multiple Disputes
The Scheme for Construction Contracts (England and Wales) Regulations 1998 makes clear that an Adjudicator can only deal with one dispute at any one time. Of course, it is open to the parties to agree differently but it is a rare occurrence when parties actually co-operate with each other, let alone the Adjudicator, in an adjudication.
1 Mar 2010Dispute ResolutionFunerals, Liquidators and Adjudication
We are told by experts that the first green shoots of economic recovery have started to appear. It is a well-known fact that more companies go bust coming out of a recession than during the depths of a recession. Over trading and lack of bank funding will inevitably cause companies to fail. Contractors and Specialist Sub-Contractors are no exception.