An introduction to the conflict avoidance process scheme.
Len Bunton
Periodically we will review recent text books on adjudication and other related dispute resolution strategies. In this issue I am pleased to provide a short review of the latest addition to the books on adjudication. John Redmond of Osborne Clark, Solicitors, has produced an excellent guide Adjudication in Construction Contracts.
In my role as editor of the Adjudication Society Newsletter I am keen to encourage our members to contribute regularly to a dialogue on many issues relating to the adjudication process. Over the past three years we have seen a significant number of court decisions, a few text books, plenty of legal opinion, plenty of statistics, but little exchange of views amongst the adjudication fraternity. Frankly we need more front-end input from you adjudicators out there.
When I started to put together this Newsletter No 8 I thought I would be struggling for copy BUT you will see there is plenty to read!
Has the summer brought a lull in Adjudication activities? Talking to our Regional Convenors the answer seems to be both yes and no! Even adjudicators, it appears, need a long summer rest to charge up their batteries for the arrival of winter and more disputes. However activities round the regions are good with all convenors reporting on a varied and interesting programme of meetings scheduled over the next few months.
I decided to give my Interview Spot a rest this month and instead have put together a Comments Section. We have had some very interesting responses and I am grateful to contributors and commentators from across the UK who kindly agreed to give a response to the many and varied issues raised by Society Members. So here goes……………..
Delia Dumerasq (Atkin Chambers) responds to the Editor’s interview with Lindy Patterson
This month I am pleased to present to you two opposing views – Janey Milligan discuss the ‘Adjudicators Perspective’ and Alan MacAleer gives his views on adjudication as a technical adviser to the parties. Ladies first, so I will start with Janey :
Janey Milligan is a very experienced dispute resolution consultant and having worked together recently on preparing guidelines for adjudicators, we have enjoyed many interesting debates on various issues :
First may I thank many members for their kind comments about the recent Newsletters………”stimulating, pithy, interesting, filled a need in the market to have forum for exchange of views” – are just a few recent remarks from our members..
Chris Dancaster FRICS DipICArb FCIArb tackles the complex area of Adjudicators Decision Writing :
LB What is the most important thing in your view about the Decision?
CD An Adjudicator who follows some basic principles cannot go far wrong. A Decision should be:
• clear, concise and to the point.
• complete
• consistent
• certain
• enforceable.
In this our final newsletter of 2001. We again have some excellent contributions from colleagues round the UK and we run our first effort at addressing practical issues. We have excellent articles from Chris Dancaster and John Rushton on Adjudicators Decisions.
This is a response by Peter Morton to Chris Dancaster’s recent talk in Bristol:
“I have just read Chris Dancaster's talk on 13 December in Bristol, in particular the discussion on liens. As I could not attend the meeting I would like to make a number of brief points in connection with this.
1. Mr Dancaster is clearly against adjudicators taking a lien, however, as he or his colleagues appear never to have experienced a case of non- payment it is difficult to see how their view can be construed as an entirely objective one.