Lovegrove & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 23 June 2014
How Contractual Dispute Resolution Provisions Shape Dispute Resolution (Australian and International Readership) By Conjoint Professor Kim Lovegrove FAIB and President Elect Northern Chapter NZIOB
This paper on JD Supra Business Advisor traverses the ways by which contractual dispute resolutions fashion dispute resolution options and destiny. The paper is a “useful read” for parties embarking upon contractual dealings.
Four Keys to Best Practice Dispute Resolution (Australian, New Zealand and International Readership)
This article on Sourceable outlines the fact that given the need to deliver fair outcomes to all parties in a cost effective manner without undue delays, the adoption of best practice principles in building and construction dispute resolution procedures is of paramount importance throughout Australia
How and Why Building Cases are Lost (Australian Readership)
For every winner in a building dispute, there is a loser. Conjoint Professor Kim Lovegrove FAIB drawing upon nearly 30 years’ experience as a construction litigator provides a synopsis of the key factors that can give rise to defeat in a building case.
Has Mediation Suffocated Negotiation? (International Readership)
Prior to the 1990s, the concept of mediation as a means to dispute resolution was not well established. The latter day assumption is that absent mediation everything went to court, but the fact is that 90 per cent of matters were still settled before they went to trial. Little has changed; 90 per cent of matters still settle before matters go to trial. This article is published by Sourceable
Building Disputes in Victoria are Resolved Through the Domestic Building List of the Victorian Civil and Administrative Tribunal (Victorian Readership)
If you have a domestic building dispute (i.e. any dispute to do with the construction of a Victorian home) then the dispute has to be referred to the VCAT if one of the parties so requires. Regardless of the parties to the dispute, whether it be a dispute between an owner and a builder, or a residential subcontractor, an engineer or an architect, the disputants ordinarily have to have their differences of affairs resolved at the VCAT. This article is published on Sourceable.
A 12-Point Plan for Resolving Building Disputes (International Readership) By Conjoint Professor Kim Lovegrove FAIB
There are a number of elements which underpin effective systems for construction dispute resolution in any country. This article on Sourceable outlines a 12-point model which can be applied to processes conducted through courts or tribunals.
Why has Arbitration Fallen out of Favour in Australia?
(Australian Readership)
There are a number of elements which underpin effective systems for construction dispute resolution in any country. This article on Sourceable outlines a 12-point model which can be applied to processes conducted through courts or tribunals.
Arbitration Explained Along with its Strengths and Weaknesses (Local and International Readership)
The booklet on JD Supra Business Advisor ‘Arbitration Explained Along with its Strengths & Weaknesses’ is a ‘SWOT’ analysis of the virtues and short comings of arbitration.
Mediation – Pros and Cons – Is Mediation all that its Cracked up to be? (Local and International Readership)
A SWOT analyses on the “pros and cons” of mediation. Often considered to be the perfect dispute resolution panacea, we question some of the more laudable myths or misconceptions about mediation. This booklet is published on JD Supra Business Advisor.
Dispute Resolution Systems – A Comparative Analyses of the Respective Strengths and Weaknesses of the Primary Theatres of Dispute Resolution (Local and International Readership)
One can have some control over the way by which disputes can be resolved, be they commercial or civil disputes. But this very much depends upon the fashioning of the dispute resolution pathway. Within the commercial setting the contract is a critical medium that can shape dispute resolution destiny. Written by Conjoint Professor Kim Lovegrove, FAIB this paper published on JD Supra Business Advisor is a brief comparative analysis of the respective strengths and weaknesses of the primary institutions responsible for dispute resolution.
Lovegrove Smith & Cotton’s E-Library is a free online resource of articles, which puts a wealth of information at your fingertips. The articles in the E- Library have been written by lawyers and a number of them have been published in the Australian, The Age and the Herald Sun. Some of the articles date back to the 1990’s.
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