Consultants for Construction and Property Asset Management
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Dispute Resolution

The ideal scenario of course is to avoid disputes altogether (see contractual advice), but the complexity of construction projects and economic pressures mean that disputes do arise.

When they do, our aim is always to resolve them quickly through a pragmatic approach and, wherever possible, maintain business relationships between the parties.

Our team comprises construction dispute specialists and qualified lawyers (including renowned expert Roger Knowles) who can advise on all contractual and commercial matters, including particularly difficult or sensitive points of law - enabling our clients to implement the best strategy for their situation.

It is vitally important to get on top of problems quickly. Our experience enables us to swiftly identify and focus on the source of problem areas, to understand the options and to implement the best strategy for success within budget and an appropriate timescale.

At Stradia we firmly believe in resolving disputes by negotiation, rather than legal action. Unlike many dispute resolution organisations we have extensive facilitation skills which we use to strive for negotiated resolution between the parties - through realistic analysis of the situation and facilitated meetings. This approach can be tough, but frequently solves the problem without recourse to mediation, adjudication or court! Our facilitated negotiation service is quicker, cheaper and usually more effective than the alternatives and frequently manages to maintain business relationships between the parties.

However, on the rare occasions that the parties are unable to reach negotiated resolution we have the expertise to take the dispute through to mediation or adjudication.

How we can help

Facilitated Problem Resolution – is fast and effective - an experienced independent Facilitator works with the parties to clearly identify the issues and assist them to negotiate and agree a settlement - in most cases our Clients have also retained ongoing business relationships:

  • The parties outline the problems in confidential one-to-one discussions with the Facilitator 
  • The Facilitator defines the issues and facilitates a workshop with key decision-makers to identify, explore and evaluate all possible options
  • The parties agree to work on specific tasks by agreed dates
  • Further workshops/discussions as required to negotiate an acceptable settlement
  • We can support in implementing the agreed solutions if required

Time and Money Claims - despite best intentions, there are inevitably situations where it is necessary to either prepare or defend a claim. Each claim situation is unique, requiring specialist knowledge to ensure cost effective solutions.

Success in resolving disputes often goes to the party that adopts the best strategy.

We provide realistic advice from the outset, which assists our Clients to make clear decisions in situations that are often difficult and stressful. At every stage, we ensure that the following three essential elements are present:

  • Process
  • Programme
  • Budget

Mediation – is a quick way of reaching a non-binding settlement, which can potentially avoid the need for recourse to adjudication or legal action. It differs from facilitated problem resolution in that each party shapes their own case separately (rather than working through the issues together):

  • The Mediator conducts an initial briefing with each party to clearly identify the issues
  • The parties then sit in separate rooms – whilst the Mediator goes between them, asking questions and carrying suggestions between the parties, looking for opportunities to reach settlement

Adjudication - Adjudication is a statutory procedure in the UK by which any party to a construction contract has the right to have a dispute decided by an Adjudicator. The Adjudicator makes the final decision, which is legally binding on both parties.

As Adjudicators we provide a fast and efficient service encompassing:

  • Initial advice on the matters in dispute 
  • Preparation and presentation of the submissions and associated documentation
  • Management of the Adjudication process

Expert Witness – we have the experience to provide expert witness services on all aspects of construction contracts and commercial disputes, including:

  • Expert advice on the matters in dispute
  • Expert reports fit for litigation
  • Giving evidence in court

Find out more

Please contact us to ask any questions or to discuss your situation in total confidence

Call +44 (0)114 243 0900

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