EXPERT DETERMINATIONS: Expert Determinations are suitable for disputes where the law is simple but the Partes have different opinions regarding the quality of work or services to be provided under a Contract. While the process can be used for both large and small disputes, it is especially appropriate for small scale construction work where financial restrictions can negate a just outcome.
The Parties together agree that a trusted independent expert in the subject matter of the issues in dispute will investigate the situation, consider evidence and submissions, take into account any contract and/or agreement, the context and circumstances of the dispute, relevant law, and any other matter the expert considers to be relevant to the dispute so as to make a Determination. The process is private and confidential, but it is not an arbitration or adjudication although the principle of Natural Justice still apply.
FORENSIC ARCHITECTURE REPORTS: With an extensive background in architecture, Keith has been engaged over the years to investigate and report on matters associated with building disputes, and to prepare expert evidence for legal negotiations and actions.
FACILITATION and DISPUTE MANAGEMENT: When the road gets a bit ‘rocky’ Parties can head-off the escalation of many disputes by acknowledging the potential early and before the difficulties gel into the Parties believing that they are at what seems to be the point-of-no-return. By bringing in an independent facilitator the differences can be addressed, misunderstandings clarified, and if necessary the options for further outside assistance can be discussed and agreed.
I have found that often, especially at the early stage of disputes, the essence of what a Party wants is to be heard, and to believe that the Other Party/s have properly listened to their concerns. From this dialogue a more robust resolution, or alternative ways forward, can be developed Also, when there is a hierarchy of management, by bringing in more senior staff to the discussion many disputes can be nipped-in-the-bud, or handled more objectively.