Consultation Paper on Alternative Dispute Resolution - Law Reform ...

(2) Partnering
2.25 Partnering is a co-operative arrangement between two or more
parties. It is based on the promotion and recognition of mutual goals and it
requires all parties to agree on how they will make decisions, including
strategies for resolving disputes during the lifetime of the project.
2.26 When partnering is successful, it can enhance communication and
trust in business relationships such as in the context of a building or public
infrastructure project. In that setting it addresses concerns of other
stakeholders, such as private developers, community groups, governmental
organisations and regulatory authorities, since they can be invited to participate
in the partnering process. This can help build widespread support for a project. 23
2.27 Partnering is used extensively in the construction industry. It was first
used by the US Army Corps of Engineers in the late 1980s and was first applied
in the UK in the North Sea oil and gas industries in the early 1990s. 24
Successive UK construction industry review reports emphasised the importance
of partnering arrangements in order to facilitate and enhance team work across
contractual boundaries. 25
2.28 Partnering is also promoted within the employment sector. The
National Centre for Partnership and Performance was established by the Irish
Government in 2001 to promote and facilitate workplace change and innovation
through partnership. 26
2.29 Joint problem solving, consensus building and systems design are
concepts which are similar to partnering. They involve determining, in advance,
what processes will be used for handling conflicts which arise within an
organisation or between organisations and individuals.
23 Clay et al ―Creating Long-Term Success Through Expanded Partnering‖ (Feb-Apr
2004) 59 Dispute Resolution Journal 42 at 47.
24 Skeggs ―Project Partnering in the International Construction Industry‖ (2003) 20
International Construction Law Review 456. Available at www1.fidic.org.
25 See Latham Constructing the team The Latham report: Final report of the
government/industry review of procurement and contractual arrangements in the
UK construction industry (Department of the Environment, July 1994). For an
example of an international partnering success see Carlisle ―MTRC - Tseung
Kwan O Extension : Case Study‖ available at www.johncarlislesea.com.
26 See Chapter 4, below 4.74.
44