Mediation, Arbitration and Litigation Support
Most parties would prefer to avoid disputes; however, they are sometimes unavoidable given the complex and expensive situations that can develop.
When a dispute arises, it is always preferable to settle it quickly.
Should the services of a facilitator, mediator, expert or arbitrator be required, one of Contract Control International’s (CCI’s) qualified and accredited consultants will be able to assist.
CCI’s expert advice can assist in properly and cost-effectively managing a contractual dispute.
Negotiations and dispute resolution
CCI would always prefer to achieve a negotiated settlement which is commercially acceptable to its clients. While this is not always possible in the first instance, experience suggests that a negotiated result can often be achieved in the shadow of more formal remedies such as ADR, arbitration or litigation.
ADR (Alternative Dispute Resolution)
ADR can be a cost-effective way of settling disputes between the parties. However, because it may be non-binding, its success depends on the cooperation of the parties, i.e. there must be a genuine desire to resolve the dispute by both sides.
CCI can assist by providing a Mediator or Conciliator who knows your industry and who will be familiar with the types of issues in dispute. CCI has a record of success with ADR, but only employs this method in appropriate circumstances.
CCI’s consultants are focussed on dispute prevention so that our clients can maintain relationships and prevent issues from becoming disputes.
In the event our clients are already in dispute CCI can assist in managing the dispute with a view to an economical and quick resolution. This may be achieved through negotiation, facilitation, mediation or determination by a third party.
CCI has consultants who are trained in mediation processes and who and have extensive experience across a wide range of contractual disputes in various industry sectors. Our consultants are accredited mediators with the Institute of Arbitrators and Mediators, Australia (IAMA).
Parties to contracts often agree to settle their differences by arbitration rather than through the courts (i.e. by litigation). Arbitrators awards are binding and can only be upset by the courts in limited circumstances. However, in certain situations, arbitrations can become very complex, involve considerable legal input and end up costing as much, or even more than equivalent litigation proceedings.
Arbitration is not an area for the untrained as it can become an expensive disappointment if not properly handled. CCI has a number of consultants who are graded arbitrators with the Institute of Arbitrators and Mediators, Australia (IAMA).
CCI can provide the necessary expertise to guide its clients through this process.
CCI can assist with pleadings and document ‘disclosure’ and inspection and can even represent the parties at arbitration hearings in certain circumstances.
Litigation proceedings and court hearings can be fraught with uncertainty in construction cases. The cost of these proceedings can be very expensive if not handled correctly.
CCI has the experience to appoint and work in conjunction with competent legal advisors in construction matters. CCI knows how to extract the appropriate issues, assemble the relevant information and provide a suitable brief to construction lawyers to assist in containing costs.
By providing cost-effective management of contract documentation and expert technical advice, CCI can reduce litigation costs and maximise the chance of a favourable outcome.