We are urgently investigating an issue currently affecting Event Bookings.
As DRS marks 50 years, we are celebrating the people who have shaped our education programmes and supported the development of dispute resolvers across the built environment. Since DRS began delivering training, our tutors have played a central role in strengthening professional competence, building confidence in ADR processes, and supporting dispute resolution practices across industry.
As part of our DRS 50 celebrations, we are spotlighting the tutors who have given their time, expertise and support to help develop the next generation of arbitrators, adjudicators, mediators and party representatives.
Today, we speak with Paul Jensen, who reflects on how his professional work informs his teaching, and how education continues to shape the future of dispute resolution.
What does your day‑to‑day work in dispute resolution involve, and how does that experience inform the teaching you deliver through DRS?
My day-to-day working in dispute resolution involves sitting as Arbitrator, Adjudicator and expert determiner and tutoring. My work keeps me up to date with new cases and new ideas, which I pass on in the course of my tutorials to the benefit of the candidates.
Paul Jensen
What does your work with DRS involve, and do you have any highlights from your work with DRS?
The highlight of my work with DRS is working with such personable staff such as Raj, Hannah, Alison, Gemma and Sylvia; not to mention Martin Burns, whom I have known since he was an egg, and who has been very helpful to me and particularly by assisting me in my tutorials.
In your view, what makes education around dispute resolution valuable for practitioners in today’s built‑environment landscape?
The two basic problems within the construction industry are that in the construction industry nobody trusts anybody, and in the construction industry nobody pays anybody. Now that people are becoming more and more educated in dispute resolution and particularly with adjudication the effect is that contractors, sub-contractors and sub-sub-contractors have a very powerful method of standing up to paying parties some of whom in the past would treat them unfairly, but they can now commence adjudication, and the advent of adjudication has led to paying parties talking to receiving parties in a sensible fair minded way rather than being dismissive towards them.
Can you share an example of how your work with DRS contributes to raising standards, improving practice, or supporting better outcomes in dispute resolution?
I work with DRS marking examination papers and I find that I learn a considerable amount from the candidates many of whom are very much up to date with latest cases, development and methods, and I pass this added information on in my tutorials which improves the practices of adjudicators and arbitrators, and therefore leads to better outcomes and dispute resolution.
Looking ahead, how do you see dispute resolution evolving?
With the advent of adjudication, domestic arbitration and indeed litigation have slumped considerably, and this a continuing trait. I have represented many parties in arbitration and having had the experience of adjudication makes me realise how inefficient arbitration, and indeed litigation are, both of which have to go through a process to a trial with detailed cross examination which is very time consuming, and it involves tying up staff for considerable periods of time and a large investment in legal costs all of which is not recovered even if successful. One can see that Adjudication is going to increase in use and almost completely replace arbitration and litigation except in the more serious cases. Courts are excellent in dealing with matters of Law which is in the Court of Appeal and the Supreme Court, but the lower courts, like Arbitration, are slow moving and costly where there are matters of fact to be decided. It would appear therefore that the incidence of arbitration and litigation cases will continue to fall and be taken over by adjudication with a tremendous saving in time, resources and costs.
Tutor spotlights like this are part of our wider DRS 50 programme, recognising the people who have helped strengthen standards, inspire confidence and support the growth of dispute resolution over the past five decades.
To explore more about DRS 50 and follow upcoming celebrations, visit DRS celebrates 50 years.