ADVOCACY

Adjudication - Rapid Response

The adjudication concept has developed as one of the main means of resolving construction disputes since the enactment of the Housing Grants, Construction and Regeneration Act 1996.  Adjudication now provides straightforward, quick decisions on disputes in construction contracts by construction professionals without the procedures and associated costs of arbitration or court proceedings. The Referring Parties cashflow can be improved by a decision within 28 days.

The Adjudication process can cause considerable practical difficulties for the Referring Party, the Responding Party and indeed the appointed Adjudicator. 

1. The Referring Party may find that rapid success in adjudication is a hollow victory if the Responding Party resists implementation of the Adjudicator's decision on grounds for instance that there is no dispute, or the adjudicator lacks jurisdiction or that the process has been unfair. To avoid these problems parties frequently find themselves in need of advice and representation in connection with adjudication proceedings.
2. The Responding Party may be required to submit a response to a claim within a few days of receiving it. The claim may be complex and/or of high value.  To provide a reasoned defence parties frequently require advice and representation in order to identify the key aspects of the case and the appropriate response within a very short time.

Daniel Atkinson Limited provides advice and drafts written submissions at short notice within the tight time limits. We also appear at meetings before adjudicators to make oral submissions and to argue points of law. 

Arbitration - Experience and Focus

Construction and engineering projects inevitably involve the risk of disputes. Many construction contracts provide for resolution by arbitration, enabling the parties to avoid national court systems. The arbitrations are often carried out under the rules of the International Chamber of Commerce (ICC) and London Court of International Arbitration (LCIA) or national or regional arbitration centres.

Participating in arbitration requires an understanding of both the arbitration process, the rules that apply and the case. 

Daniel Atkinson Limited provides representation combining advocacy skills with substantial experience of disputes including international disputes.

Mediation - Innovation

Mediation offers parties the chance to put a dispute behind them and to move on with as little lasting damage to working relationships as possible.

In UK the courts expect the parties to take the opportunity to mediate with adverse consequences on costs otherwise.

Daniel Atkinson Limited provides advice and assistance to parties prior to and during mediations. We have experience in taking a non-adversarial role, and in developing innovative solutions to disputes encouraged by mediation.

Contact

To enquire about any of our services our communication coordinates are:

 

	Address:		58 Elm Grove Orpington Kent BR6 0AD
	Telephone:		01689 819 381
	Facsimile:		01689 811 583
	Mobile:		07778 347 777
	e-mail		daniel@atkinson-law.com