Even with the best contract administration practices in place, parties can still reach an impasse and disputes become inevitable. Construction contracts usually include multi-tiered procedures for dispute escalation involving various alternative dispute resolution processes, which may also be agreed upon by the parties after a contract is signed.
Having the right advice can make the difference between success and failure in dispute resolution. Our in-house claims experts have the knowledge and experience to provide the required guidance and technical support to clients or their legal teams at any stage of the alternative dispute resolution process.
Mediation and Conciliation
Mediation and conciliation are alternative dispute resolution processes where the parties agree to attempt to settle their disputes amicably with the assistance of a third party (mediator or conciliator).
Claims and disputes can place a strain on the relationships of the parties to a contract and lead to the deterioration of essential communication channels. Selection of the right mediator or conciliator who can restart the dialogue, directly or indirectly, can be the key to the successful resolution of potential conflict.
With long experience in the construction industry, DG Jones and Partners can nominate mediators and conciliators with the right experience to help parties navigate even the most complicated and difficult disputes.
A common principle underpins the various forms of adjudication procedures that exist worldwide. An independent adjudicator assesses the evidence presented by the parties in relation to a dispute and reaches a decision that is temporarily binding on the parties in a relatively short time, so as not to hinder progress.
DG Jones and Partners can provide professionally qualified personnel to serve as independent adjudicators or prepare submissions, and advise and support a client during adjudications, including Dispute Adjudication Boards.
Most standard forms of construction contracts call for the final resolution of disputes through arbitration, which is a very common means of resolving construction disputes with limited intervention by the competent courts. By following an appropriate strategy and the preparation of effective submissions, DG Jones and Partners can make the difference in properly conveying a party’s case to an arbitral tribunal, leading to a favorable award.
DG Jones and Partners employ specialized professionals with relevant technical qualifications and experience in local and international arbitration proceedings. We can support a client’s legal representatives by conducting extensive research into project records and contract documents, and preparing and presenting various submissions for arbitration proceedings.