Mediation

Colin regularly and very successfully assists parties in the Mediation process.

Mediation is a consensual dispute resolution process where a dispute is resolved with the assistance of a Mediator. Mediation requires the consent of both parties. Colin has represented clients in many Mediations, the majority of which resulted in settlement thereby avoiding the need to adjudicate.

Mediation is a flexible process and the parties can tailor the Mediation procedure to suit their own requirements. Normally there is an initial joint session between the Mediator and all parties involved. This is then followed by ‘break out’ sessions between the Mediator and the parties individually, and is usually concluded by a further joint session between the Mediator and all parties involved.

There are a number of benefits to Mediation - The process to be followed can be agreed by the parties; the process is confidential,; a resolution of the dispute can be based upon the parties’ needs rather than the parties’ legal rights; resolution of the dispute is not imposed upon the parties, but is reached by agreement between the parties.

A Mediation is normally conducted over half a day or over a full day. Therefore the cost of the Mediation process is relatively low. Normally each party is responsible for its own costs in the Mediation process irrespective of the outcome. Usually, the parties are equally responsible for the Mediator’s fees and expenses.

Adjudication

In the UK, Adjudication is a statutory dispute resolution process where a dispute is referred to an Adjudicator for resolution.

Colin has been representing parties in Adjudication since its introduction and is able to provide clients with fast and no nonsense advice at the outset regarding the strengths and weaknesses of any claim.

With his extensive experience in the construction industry, Colin understands the problems that are faced, and can quickly recognise the key elements of any dispute (including strengths and weaknesses) whether this relates to liability or quantum.

Colin is experienced in drafting the various submissions required in the Adjudication proceedings and provides valuable insight into the necessary components of a successful Referral or Response.

Arbitration

Arbitration (in England, Wales and Northern Ireland) is carried out under the auspices of the Arbitration Act 1996. For many years it has been the traditional method of resolving disputes in the construction industry. Its standing in the domestic market has been affected somewhat by the introduction of statutory Adjudication provisions, and by the decision of some major forms of contract to make the default dispute resolution procedure litigation rather than Arbitration.

However, internationally, Arbitration is still the most commonly used form of cross-border dispute resolution process in the construction industry.

Colin is fully familiar with the Arbitration process and is able to guide parties through the process and represent a party in the process. Arbitration is an excellent way of finally resolving disputes, but if used by those unfamiliar with the process can result in excessive time and costs being incurred.

There are many traps in the process that can catch out the unwary, but Colin has the skills and experience to make sure that the process is applied in the most effective way.

With years of experience working within the construction industry negotiating resolutions to  disputes (including complex final accounts and claims in relation to time and/or money) Colin offers support services in connection with such negotiation including: Assisting with the preparation of background information prior to negotiations; Conducting negotiations on a clients behalf; Attending negotiations with clients to provide assistance and support; and Drafting settlement agreements to reflect the agreement made.

Colin will always recommend that negotiation is attempted as a first step which, with his experience and tactical input, very often succeeds in resolving the dispute at a minimal cost.

If negotiation fails to resolve the dispute then the next obvious step is mediation or adjudication.

Negotiation

Dispute Resolution Services

Colin has a highly successful track record of resolving disputes by the following methods.