Indeed, that's what the judge agreed should happen. He wanted parties to negotiate. But, he explained, the court's duty was to ensure an efficient and effective mechanism for all parties using them. The courts should not be perceived to be in the nature of a private umpire whose services can be turned on and off at the mere motion of individual litigants. He reminded the lawyers of the recent English Court of Appeal statement that the abandonment or adjournment of trial dates prejudices other litigants and disrupts the administration of justice.
Adjournments are only a last resort.
Now then, let's be frank. I don't know of many construction industry outfits that are litigation enthusiasts. But I do know how many construction outfits will refuse and refuse again to make a move to negotiate with the opposing party in litigation or arbitration. They perceive this to be a sign of weakness or lack of resolve. Well, all that is wrong.