"In this excellent book, Harvey Kirsh assembles articles from leading Canadian alternative dispute resolution practitioners that reflect the current state of practice and thought in the area… This book is a welcome addition to the short catalogue of Canadian books on alternative dispute resolution. It provides a useful, practical resource for those in the construction industry and, indeed, all alternative dispute resolution practitioners. It is one to be kept close at hand.”
Julie G. Hopkins, CIArb
Independent arbitrator in Calgary, AB with 25+ years of experience in dispute resolution
See the full review in the Construction Law Letter, November/December 2021 Issue (38:2)
Alternative Dispute Resolution in the Construction Industry in Canada is a tremendous practical resource and research tool. There is no other Canadian book – nothing like it – which uniquely focusses on alternative dispute resolution alternatives and processes in the construction industry in Canada.
Features of This Book
ADR is the future, but it is also the evolving present. It is important for lawyers and those in the construction industry to learn to navigate the sometimes unfamiliar and difficult path to achieving success in securing the best possible result in selecting the type of ADR proceeding and in pursuing it to a resolution.
This book is both authoritative and comprehensive, while also being practical and reader-friendly. Each chapter is devoted to a specific ADR process – arbitration; mediation; med-arb; adjudication; references; expert determination; and dispute boards – which may arise out of residential, institutional commercial and industrial projects; as well as wind, solar and electricity projects; mining, pipeline, and oil and gas projects; water and waste management projects; bridges, roads and transportation (such as subways and LRT); communication projects; and all other forms of infrastructure.
The book also includes an essay which canvasses the dispute resolution provisions contained in the new CCDC 2-2020 construction contract and in the companion CCDC 40-2018 guide which embodies the “Rules for Mediation and Arbitration of Construction Industry Disputes”.
The 40 essays in the book are written by renowned, award-winning and distinguished judges, lawyers, ADR advocates, neutral facilitators, academics, engineers, and chartered surveyors – all experts – who have shared their dedicated expertise, professional experiences, illuminating war stories and ingenious tricks of the trade.
In addition to articles written by Harvey J. Kirsh, other expert contributors include The Rt Hon. Beverley McLachlin (former Chief Justice, Supreme Court of Canada); Hon. Neill Wittmann, Q.C. (former Chief Justice, Court of Queen’s Bench of Alberta); David I. Bristow, Q.C.; Allan J. Stitt; Jack Marshall, Q.C.; Duncan W. Glaholt; Stephen R. Morrison; and Joel Richler. The Foreword is written by The Right Honourable Richard Wagner, P.C., Chief Justice of the Supreme Court of Canada.
Who Should Read This Book
- ADR Lawyers, Arbitrators and Mediators – To help serve clients as well as in-house counsel seeking their assistance in a field that is constantly changing and evolving and is relatively new and unprecedented in Canada
- In-House Counsel – To have as a compliance guide
- Engineers, Architects, Contractors, and Construction Trade Associations – To stay up-to-date on the law
- Law Students and Law Libraries – For academic and research purposes