Construction Litigation: Can We Do it Better?

(2005) 31(2) Monash University Law Review 237-257

Posted: 30 May 2013

See all articles by Paula Gerber

Paula Gerber

Monash University - Faculty of Law

Bevan Mailman

Monash University - Faculty of Law

Date Written: May 28, 2013

Abstract

In recent years, alternative dispute resolution, most notably mediation, has become a popular way of keeping disputing parties out of the Australian courts. Despite these advances, numerous disputes still end up in litigation. This is particularly true when it comes to complex construction cases. While Australia's focus on mediation is admirable, it has come at the expense of a broader debate regarding litigation reform. In the United Kingdom, where mediation has not been embraced with the same enthusiasm, there have been many innovative reforms to civil procedure rules. In particulal; the Pre-Action Protocol for Construction and Engineering disputes is proving to be successful in reducing the amount of litigation and improving the conduct of cases that do proceed to trial. This article considers whether similar civil procedure reforms are warranted in Australia.

Keywords: construction, litigation, civil procedure, pre-action protocols

JEL Classification: K41, K39

Suggested Citation

Gerber, Paula and Mailman, Bevan, Construction Litigation: Can We Do it Better? (May 28, 2013). (2005) 31(2) Monash University Law Review 237-257. Available at SSRN: https://ssrn.com/abstract=2271103

Paula Gerber (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Bevan Mailman

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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