Common Sense, not so common

Nasir Khan

Common Sense, Not So Common is hosted by Nasir Khan MBE, an independent mediator, arbitrator and dispute resolution professional. Through candid conversations with leading practitioners, thinkers and decision-makers, the podcast explores negotiation, mediation, leadership and the practical lessons behind resolving disputes. Each episode asks a simple question: in an increasingly complex world, how can we apply more common sense?

Episodes

  1. Sep 14

    The contract Cannot Administer Itself with Patrick Waterhouse

    In this episode, Patrick Waterhouse shares his extensive experience in construction, dispute resolution, and contract management, emphasizing the importance of common sense, effective contract administration, and diversity in the industry. Discover insights on NEC contracts, dispute avoidance, and the future of AI in adjudication. keywords construction, dispute resolution, NEC contracts, adjudication, mediation, project management, diversity, AI in legal, PFI projects key topics The role of common sense in construction and dispute resolution Evolution and application of NEC4 contracts Strategies for dispute avoidance and management The importance of diversity and inclusion in the industry The potential and limitations of AI in adjudication and dispute resolution. Chapters 00:00 Introduction to Patrick Waterhouse and his background 03:19 Practical experience shaping adjudication skills 07:08 Witness statements and their role in disputes 10:37 Contract administration and behavior in NEC contracts 13:32 The role of collaboration and communication in contract management 16:33 Risks and disputes in long-term PFI projects 20:16 The importance of planning and design in construction 22:14 The need for consistent pipeline of work and training 24:42 Developing skills and diversity in the industry 27:25 Adjudicator motivation and mental resilience 30:01 The role of AI in dispute resolution and adjudication 34:10 The benefits and limitations of AI tools in construction disputes 37:25 Supporting diversity and inclusion in the industry 40:13 The future of adjudicator diversity and mentoring 44:36 The importance of self-motivation and focus for adjudicators 46:37 Dealing with technical issues and maintaining focus 49:56 The qualities of a good adjudicator beyond technical skills 53:43 Using AI responsibly in legal and construction disputes 57:11 The ongoing need for diversity and inclusion efforts 58:48 Closing remarks and industry outlook

  2. Aug 13

    Payment Disputes Are Never Just About Money with Keith Kelliher

    Are payment disputes really about money or are they the result of deeper failures in communication, leadership and trust? In this episode of Common Sense, Not So Common, I speak with Keith Kelliher, one of Ireland’s leading construction adjudicators and dispute resolution professionals. Drawing on decades of experience, Keith shares the common sense lessons he’s learned from resolving payment disputes, why good projects rarely end up in adjudication, and what the construction industry can do to prevent disputes before they arise. We also discuss the current challenges facing statutory adjudication in Ireland, what they mean for businesses, and why access to quick and effective dispute resolution matters to the entire construction industry. Whether you’re a contractor, consultant, quantity surveyor, lawyer, adjudicator or simply interested in better decision-making, this conversation is packed with practical insights. In this episode we discuss: Why payment disputes are rarely just about moneyThe importance of communication, leadership and trustLessons from decades of construction adjudicationThe current challenges facing adjudication in IrelandAdvice for young professionals entering dispute resolutionThe future of adjudication, mediation and AIWhat “Common Sense, Not So Common” really means in practice If you enjoy the conversation, please like, subscribe and share to help more people discover practical lessons from leaders across the dispute resolution profession. #Construction #Adjudication #DisputeResolution #ADR #ConstructionLaw #Leadership #CommonSense #ProjectManagement #Mediation #arbitration

  3. Aug 13

    Common Sense with Ben Giaretta

    Can we truly rely on common sense or is it just a myth in a world full of biases and complexities? #arbitration #charity #adr In this eye-opening episode, Nasir Khan invites renowned dispute resolution expert Ben Giaretta into the conversation to unravel the mysteries of human decision-making. Through candid stories and grounded insights, Ben challenges the idea that common sense is anything close to common, revealing how biases, communication gaps, and process failures can quietly turn small issues into major disputes. You’ll hear why many disputes begin long before anyone reaches court: in meeting rooms, through missed conversations, unclear expectations, and deferred decisions. Ben shares why mediation creates the space for people to think more clearly about what they actually want, how arbitration differs from litigation, and why patience, listening, and structured thinking matter so much when judgment is under pressure. The conversation also explores the role of hindsight, the limits of AI in human disputes, and what it really takes to build better common sense over time. From practical decision-making frameworks to the importance of community and professional standards in dispute resolution, this episode offers thoughtful insights for leaders, mediators, arbitrators, and anyone interested in making better decisions under complexity. Whether you work in dispute resolution or simply want to understand how communication, judgment, and perspective shape outcomes, this episode is a compelling reminder that better conversations can prevent bigger conflicts. Ben Giaretta is an independent mediator and arbitrator, Chair of the Board of Trustees of the Chartered Institute of Arbitrators, and a respected voice in international dispute resolution. Tune in for a thoughtful, practical, and human conversation about common sense, conflict, and the decisions that shape our work and lives.

  4. Aug 13

    Masters Challenge with Matt Molloy

    In this episode of Common Sense, Not So Common, I speak with Matt Molloy, Master of the Worshipful Company of Arbitrators, about a remarkable career spanning construction, dispute resolution, education, writing and professional leadership. Matt reflects on the experiences that have shaped his approach to the profession, what he has learned from teaching and mentoring generations of practitioners, and why sharing knowledge through writing remains so important to him. We also explore the continuing relevance of the Worshipful Company of Arbitrators, his priorities during his year as Master, and the qualities that distinguish a truly outstanding professional. Away from professional life, Matt is preparing for an extraordinary Masters’ cycling challenge. He shares what inspired the journey, the important cause it will champion, and how others can support him and help raise awareness. There are no shortcuts to experience. This podcast and its accompanying newsletter seek to share the life lessons, professional insight and personal journeys of remarkable people. In dispute resolution, experience is often gained only by experiencing and Matt’s journey has much to teach us. We wish Matt and everyone taking part a safe and successful journey. We will all be cheering them on.

  • 4 Episodes

About

Common Sense, Not So Common is hosted by Nasir Khan MBE, an independent mediator, arbitrator and dispute resolution professional. Through candid conversations with leading practitioners, thinkers and decision-makers, the podcast explores negotiation, mediation, leadership and the practical lessons behind resolving disputes. Each episode asks a simple question: in an increasingly complex world, how can we apply more common sense?

Information

  • Creator
    Nasir Khan
  • Years Active
    2026
  • Episodes
    4
  • Rating
    Clean
  • Copyright
    © 2026 Nasir Khan