Construction projects are never without claims. Although a construction project
should be an
endeavour with a beneficial outcome to all parties involved, capital intensiveness, being
the very nature
of the construction industry, often leads to adversarial relationships that can result in
disputes. It is
always recommended to resolve dispute through ADR (Alternative Dispute Resolution)
procedures. It has
become increasingly popular that parties tend to resolve disputes through dispute resolution
procedures.
The broad-based advocacy over the past three decades for increased use of mediation,
arbitration, and
related processes is often called the alternative dispute resolution movement.
Our consultants are both well equipped with legal and technical knowledge as well as
experience and are
fully capable of resolving your disputes in the way parties preferred and opted. This may
include
negotiation, mediation, arbitration and adjudication.
Negotiation is one of the most basic forms of interaction, intrinsic to any kind of joint
action, as well as to problem solving and dispute resolution. Our consultants can accompany
you to meetings or conduct negotiation on your behalf with effective, systematic preparation
and having considered all the circumstances, underlying interest, facts, strength and
weaknesses surrounding the negotiation. Our consultants, acting as negotiators, aid you to
meet your interests as best as possible. We understand that each case is different in
context, personalities, knowledge, and skills that make every negotiation unique.
Our experienced negotiators are ready to deal with a variety of eventualities. This may
involve claim negotiation meetings, resolving an already crystallized dispute, pre-contract
meetings, issue regarding contractual clauses, issues related to entitlement at different
stages. Our experts consider the following aspects at the core of each negotiation:
Our trained neutral mediators assist disputing parties in reaching mutually agreeable
resolution.
They, in the best possible manner facilitate information exchange, promote understanding
among the
parties,
and encourage the exploration of creative solutions. If the direct negotiations between
parties yielding
no result,
it may be necessary to resolve the dispute through mediation.
ARCHWAY provides bespoke mediation forums and provide mediation services that included
stages such as ,
Preliminary arrangements, Information gathering, Issue and interest identification, Option
generation,
Reality testing, bargaining and negotiation, agreement and closure.
In between our mediators will usually suggest creative solution to satisfy parties interests
that
are often lead to successful conclusions.
There are variety of reasons parties shall opted for mediation such like accelerated
resolution,
flexible communication, forum to express emotions, potential for parties to exercise
self-determination,
opportunity for the parties to agree to creative solutions.
Arbitration is a process by which a private third-party neutral
renders a binding
determination
of an issue in dispute. The flexibility of the arbitration enables parties to tailor a
dispute resolution
in
such a way that suits their underlying needs and interests. Moreover, the speed,
confidentiality and
finality
permits parties to preserve their existing relationship and protect their reputation within
particular
industry.
Although the arbitration is an alternative dispute resolution method, it must still exist
within a legal
framework and the laws of the jurisdictions still mandate and regulate certain matters of
the arbitration
to ensure the due process and finality of the decision.
Whether it is arbitration between two parties, consolidation and class action arbitration,
concurrent hearing or multi-party arbitration, ARCHWAY services include below:
Our consultants are well-qualified adjudicators excelling in technological, engineering and
legal aspects. They are qualified adjudicators who are aware of the adjudication process and
the decision making. We are well placed to manage the procedure form start to finish,
including claim preparation, legal arguments and drafting of referrals, responses, replies
and, if necessary, rejoinders and surrejoinders.
Once faced with a referral, the DAB will (or should) quickly determine the
procedural steps to be implemented. Helpfully, the FIDIC Guide provides a format for a DAB
process along the following lines:
The DAB is free to act in an inquisitorial manner and can decide who would attend the
meetings. The importance of DAB is that they can involve on the project from the beginning
of the project and thus are in a better position to understand the nature of the dispute.
Importantly, because of the flexibility of the process and because it should operate quickly
and cost effectively, there should be a greater opportunity to maintain working and
commercial relationships.
It is suggested that, if used properly, standing DABs can add value to a project in terms of
real life dispute avoidance. It remains the case that DABs are not being used in the region
to the extent they are used in the other parts of the world.