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London  : Edinburgh John Priestley Associates Expert Witnesses And Construction Technology Consultants

Dispute Resolution

John Priestley Associates has been involved in Alternative Dispute Resolution from its inception.

As such, we have a solid grounding in the principles of ADR and support these means of resolving disputes.


Arbitration


Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

Its principal characteristics are:



Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party cannot unilaterally withdraw from arbitration.


John Priestley Associates have expertise in the arbitration process and how an expert can assist in a successful outcome.


Adjudication


Adjudication is a procedure for resolving disputes without resorting to the potentially lengthy and expensive court procedure. Originally the intention of the Construction Act was that the process would be fairly informal. However it has developed into a formal process with parties serving detailed submissions, witness statements and invariably involving expert input.


John Priestley Associates have a proven track record in assisting with successful Adjudications



Mediation



noun: mediation; plural noun: mediations

intervention in a dispute in order to resolve it; arbitration.

"the parties have sought mediation and it has failed"


So often JPA hear of mediations having failed. If mediation is to succeed, there has to be a willingness for the parties to have it succeed. JPA have expertise in assisting with this process.



Expert Determination


Expert Determination is a confidential and binding dispute resolution process in which an independent expert in the subject matter of the dispute, is appointed by the parties to resolve the matter. The expert's decision is - by prior agreement of the parties - legally binding on the parties. Occasionally, the expert’s decision is not binding, but advisory. This is known as Expert Evaluation. Although not binding the evaluation does often form the basis of a settlement.



Expert Determination is ideally suited to disputes and matters of valuation and/or which are primarily dependent on technical issues such as contract performance matters.


Because of its flexibility, Expert Determination is ideally suited to multi-party disputes.


John Priestley Associates are sought out for appointment for Expert Determination and support this means of ADR.