Alternative Dispute Resolution
Most disputes can be resolved, or at least narrowed, through ADR. It just needs some willingness on both sides. ADR is a powerful and cost-effective method of early resolution, avoiding the protracted and expensive proceedings of formal dispute resolution. It may even be a requirement in the early stages of proceedings in certain jurisdictions, such as in the UK.
We have extensive ADR experience in construction disputes around the world, and of the full range of techniques including mediation, conciliation, expert determination and the use of resolution boards. As well as representing parties in disputes, many of our senior lawyers are qualified mediators.
- Multi-party proceedings. We assisted contractor clients engaged in multi-party litigation to reach a settlement by mediation. This averted the prospect of years of litigation, with associated unrecoverable cost and drain on management time.
- Pre-litigation. We advised clients in a court-ordered mediation prior to commencement of hearings in the UK courts. Although there was no settlement, mediation enabled the parties to narrow their differences, so the few remaining issues could be decided by the court in a comparatively short period.
- During construction. We advised employer clients engaged in a construction contract who were in dispute with their contractor. Engaging in mediation with the contractor enabled them to reach a commercially acceptable solution while maintaining a good working relationship between the teams who still had to finish the job.
- During arbitration. During the arbitration process, which was proving expensive and unpredictable, we advised clients in a successful mediation. On the basis of additional risks which had become apparent during the arbitration, the parties managed to settle
- Expert Determination. We advised contractor clients subject to an Expert Determination in a Sharia jurisdiction.