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Dispute Avoidance and Resolution

 

I provide practical civil engineering solutions and Alternative Dispute Resolution (ADR) methods to avoid and resolve disputes arising within the international development construction industry.

Procedures may consist of:

Mediation This is a voluntary process in which a neutral facilitator (i.e. the Mediator) assists the parties in their attempts to reach a settlement.

Conciliation The use of the term Mediator and Conciliator are frequently interchanged. In some cases, if an amicable settlement is not reached then a Conciliator may have the authority to make a Recommendation. A Mediator would never have, nor would want to have, this authority.

Dispute Adjudication Boards (DAB) The DAB consist of one or three experienced professionals usually appointed at the start of the Contract (Standing). They make regular visits to site to familiarise themselves with the project and issues. If a dispute arises, submissions from either party may be referred to the DAB in a manner similar to Arbitration. The DAB, after considering all sides of the argument, receiving submissions, conducting Hearings etc., provide a binding decision. This is not necessarily final as it may be referred to Arbitration within a short timeframe (usually).  Ad hoc DABs may also be established for individual disputes.

Dispute Review Boards (DRB) The DRB is similar to a DAB except that a Recommendation follows a referral rather than a Decision.

Whichever of the above methods are considered, my comprehensive experience and understanding of the international construction industry ensures a pragmatic and fair approach is always taken.

 

 

Copyright 2010 Brian Barr Consulting Services Ltd.