Mediation, Adjudication and Expert Determination
Early Intervention through Alternative Dispute Resolution to Early Dispute Resolution
We are experienced in all forms of alternative dispute resolution in the construction and leasing realm. With our team managing your case, you will have high chances of succeeding in your matter.
Construction disputes can severely drain both resources and cash flow on a project. Using alternative dispute resolution (ADR) methods such as mediation, adjudication and expert determination can often mean that conflict is resolved quickly and efficiently so that everyone can focus on completing the project on time and within budget. At Construction Legal, our team of lawyers have years of experience in all types of alternative dispute resolution such as expert determination, mediation and adjudication.
Our approach to Alternative Dispute Resolution:
- Quick and efficient
- Costs effective and commercially-sound advice and solution
- Understand common interest of parties and negotiate and collaborate accordingly
- Manage difficult parties and unwillingness in others to participate in good faith
- Wide access to a network of experts to assist in disputes
Mediation and Negotiation
It is often the case that parties to a construction dispute will first attempt to mediate or negotiate a resolution of their dispute or differences. Mediations are often conducted in one or two days and is a very informal process which means that the cost and time away from a project will be minimal. Construction Legal has a wide network of experts in the leasing and construction sectors so are able to recommend a mediator that will be well-versed in the issues that are in dispute.
Based on our extensive experience in mediation and negotiation, we understand the importance of the early and proactive resolution of disputes and will strive to obtain practical commercial results for our clients.
Adjudication is a popular, cost effective and simple method of resolving payment disputes under construction contracts. The process involves the appointment of a qualified adjudicator to review a payment dispute. The adjudicator reviews the submission from both parties to the dispute and then makes a binding decision in accordance with relevant statutes and laws, known generally as security of payment legislation.
The team of lawyers at Construction Legal have conducted numerous adjudication for payment disputes ranging from $100,000 to $35 million. We have a thorough understanding of security of payment legislation and will ensure that your interests will be protected every step of the way during the determination of payment claims.
Expert Determination is often an efficient way to resolve disputes of a technical or contractual nature. By using expert determination, parties to a dispute can agree to be bound by the decision of a third party that has expert knowledge of a particular construction issue or subject.
The chosen expert’s role is mainly investigative, taking in evidence from the disputing parties by way of written submissions, the contractual conditions and of course the knowledge derived from their own expertise.
The Principals at Construction Legal have had years of experience in expert determinations dealing with disputes relating to delay, disruption and variation claims from $300,000 to 10’s of millions. We are experienced in the process and will endeavour to ensure that our clients walk away from process with a positive result.
“I am extremely impressed with the quality of the legal services provided by Construction Legal. I was worried that my case would be weak, but the team are extremely knowledgeable in litigation, construction disputes and strategy which left me feeling at ease about my case.”
GENERAL MANAGER, CF GROUP
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