As part of our DRS 50 celebrations, we are spotlighting trusted panel members whose expertise and commitment have helped shape dispute resolution practice across the built environment. Today, we speak with Janey Milligan—a highly respected adjudicator, arbitrator, mediator and expert determiner—who reflects on her day‑to‑day work, her journey into dispute resolution, and the insights she has gained from decades of supporting fair and effective outcomes in construction disputes.
Can you tell us a bit about your role and what you do day-to-day?
Working in dispute resolution there is never two days the same – you are meeting clients to discuss ways of avoiding disputes or how best to manage them; you can be out on site recording what’s happening or, as a third party decision maker, studying submissions and evidence to work out where the answer lies. In my main role as an Adjudicator, when you are nearing the Decision Date your days are fully focussed on the parties’ arguments and drafting the Decision in a comprehensive and adequately reasoned form.
What first drew you to dispute resolution or your area of expertise?
I was always interested in contracts, problem solving and fairness and in the 80s, working as a QS, was completely shocked by how often companies had to settle for far less than they were entitled to due to the hurdles with access to justice. Pursuing a case was expensive and often you could not start that until the project had reached practical completion. The HGCR Act 1996 and adjudication ‘at any time’ was a revolution. The process struck a chord with me because it allowed those down the supply chain to seek fair resolutions without huge financial risks. Out of the blue I was asked to assist a friend with a construction dispute and my journey in dispute resolution and adjudication officially began.
How has your role or the industry changed over the years?
Qualifying as a quantity surveyor was a fantastic move for me. I loved the job of being a QS in the industry but more importantly it gave me the skills to do so many interesting things over the years and be involved in a large variety of projects. I’ve worked in the construction industry, in academia and then in 1997, after completing a LLM in Construction Law, I started Construction Dispute Resolution and concentrated my efforts in the dispute field. Building a business involved a great deal of management time but the result has been well worth it. I’ve seen a lot over the years in terms of peoples’ behaviours when in a dispute environment but after the HGCR Act became embedded I believe the industry did improve. Regrettably, I think it is now going backwards again – margins are just too tight.
What do you enjoy most about working with DRS?
The people at DRS are fantastic – always very helpful and with smiles on their faces. There are so many members of staff that have been there for as long as I can remember and it is good just to feel part of the family! I have enjoyed opportunities to work with the team bringing practical experience and knowledge to developing and providing training for the next generation. We all learn from each other’s experiences, and this helps DRS to develop products that assist our industry like the RICS Conflict Avoidance Process.
Can you share a memorable case, course, or experience that stands out?
What stands out for me is the variety of cases I’ve dealt with and the interesting people I have met along the way. Listening to other people’s perspective on an issue can be very enlightening.
What advice would you give to someone starting out in your field?
First and foremost, get a good grounding in your primary discipline. After that, I have to be honest here – it is not an easy journey, but I think when you realise that, you can cope better with the ups and downs of the journey. It is very difficult to get experience and difficult to get on the dispute resolvers’ panels without experience. You have to keep building a network of people around you and keep on going. Perseverance does win in the end and if you have a bump along the way remember you are not the only one. Build up your resilience because you will need it when you are working in dispute resolution.
What keeps you motivated and inspired professionally?
The landscape of disputes is ever changing. Disputes become more complex and you must keep up to date with the emerging case law. The ongoing developments fascinate me – how much of what was envisaged about construction adjudication and how it has developed in practice. This also takes me back to the beginning, I still enjoy problem solving and fairness – I would love to see the construction industry improving and disputes being less frequent.
How does DRS support you in delivering value to clients and the profession?
DRS in upholding RICS standards and regulations is a great support in recognition of quality which is good for me to promote to clients. The DRS provides good training and opportunities to meet with fellow dispute consultants and discuss the trends and challenges we all face in our day-to-day work. All of this contributes to members providing a better service to clients. They also provide a lot of useful information through social media and podcasts which is very valuable to broaden knowledge. Anything you need to know about ADR services you can find out from DRS.
To help colleagues get to know you beyond your professional work, is there a personal interest or hobby you’d like to share?
One of my hobbies is swimming. I swim about 3 times a week and the number of times an issue I’ve been examining has cleared in my head while swimming is astonishing. Unfortunately, I then lose count of the number of lengths I’ve completed!