Track Record
Dispute Management
A Knowledge-Based Project Management Approach

Daniel Atkinson has developed and adopted the "Management Plan" approach based on project management principles.  Details of this Management Approach are given at Dispute Management Services.

An essential part of Dispute Management on any dispute is the management of documents.  Daniel Atkinson has successfully adopted different document management systems on different disputes, each chosen to meet the demands of the evidence available and the resolution forum.  The approach, together with details of Electronic Data Management Systems ("EDMS") is given at Dispute Management Services.

The approach taken to management of witnesses, technical experts, lawyers and the use of diagnostic analysis using formulae driven computerised analysis, and critical path network analysis is given at Dispute Management Services. 

An example of a diagnostic approach is given here, which is one of a series of charts generated by computer automatically from spreadsheet data and specially written formulae.  the charts were part of a presentation show for each piling area demonstrated on computer monitor. 

The data was easily transferrable to cd-rom or other electronic media.

Daniel Atkinson has experience of Dispute Management for a breadth of disputes in different industries and under different legal systems each with different management problems.  The following are a selection to demonstrate the breadth of experience:

1. Dispute Manager of a team of professionals examining the causes of failure of a cofferdam in UK, examining the analysis prepared by Geotechnical experts and directing further analysis. This consisted of interviewing site engineers to establish sequence of events and advising Directors of potential liability. Led negotiations as advocate which culminated in a successful settlement.
2. Dispute Manager directing a team of professionals on the preparation of a claim on an international dispute relating to the manufacture of two tunnel boring machines. This involved the interview of engineers in Germany and the Far East and an understanding of the manufacture process and the ground conditions encountered. Acted as a liaison with the French advocate leading to a successful settlement.
3. Dispute Manager of a team of professionals with a further client engineers on the preparation of an international dispute involving foreign law on a contract for the design and manufacture of mechanical electrical and electronic tunnelling equipment, including an EPB TBM. The preparation involved understanding the technical nature of designing and manufacturing tunnel boring machines and the operation of the clients business, the operation of the machines at site and the ground conditions encountered. Prepared claim submission for variations and delays and defended a counterclaim from the contracting consortium. As English advocate, assisted foreign advocate in the preparation of the Statement of Case for the arbitration in Denmark and assisted the Scots advocates in the court action. Advised on actions under European Law. Prevented bonds being drawn by the consortium, and led the negotiations as advocate in Switzerland and Denmark which culminated in a successful settlement to the dispute.
4. Advocate and Dispute Manager with conduct of the international case directing a team of professionals on the preparation of a professional negligence claim for an Far Eastern Contractor on design and advice by a US Consultant in relation to a post-tensioned segmental box girder bridge of varying profile constructed on piles and located on the Indian continent. Directing experts, instructing Counsel both in the UK and in the USA and on the Indian continent and under ICC Arbitration rules. It also involved giving advice on insurance policies and Letters of Credit.  Settled successfully.
5. Dispute Manager of a team of professionals on the preparation of a claim for piling works to a railway bridge. This involved directing the analysis of the pile design and site investigation to establish a claim of impossibility and unforeseen ground conditions. Assisted the Scottish advocate on the preparation of Statement of Case and subsequently in arbitration.
6. Preparation of a claim under a sub-contract for piling works, using spreadsheet diagnostic technology based on piling records. Directed sub-contractor’s piling experts on the analysis required and examination of the resultant analysis of ultimate load capacity and founding levels for the specified working loads, including directing analysis to be carried out. Subsequently prepared opinions on ensuing steps in disputes resolution, which led to a successful settlement.
7. Advocate and conduct of the case on the defence in an international arbitration on a road project in Belarus Leading a team of professionals and preparing Instructions for Counsel in an ICC Arbitration with the seat of arbitration in France. Headed negotiations as advocate which led to a successful settlement.
8. Dispute manager and Advocate on disputes under term contracts for repair of roads including adjudication and settlement negotiations.
9. Dispute Manager and Advocate on a dispute on the refurbishment of a hospital including mediation, adjudication and arbitration leading to settlement.
10. Managed the conduct of the defence in arbitration on a shopping centre for a development corporation concerning a design and construction form of contract. Secured a successful settlement for the client before hearing.
11. Conduct of a UK case relating to a dispute on the construction of an Hospital involving analysis of delay and disruption using the comparative norm method and acting as advocate in negotiations.
12. Directed a team of professionals on a dispute involving a major development on a management form of contract with a national management contractor. The preparation of extension of time claims allowed the contractor to receive a substantial award in the subsequent arbitration.
13. Directed the investigation of the potential liability of an Employer on a large power station. Dispute Manager of a team of professionals on the preparation of the technical and legal analysis of issues, preparation of the as-built programme and advise on settlement levels. In addition, personally investigated piling issues involving the analysis of site investigation reports, consulting engineer reports and two expert reports prepared in anticipation of litigation and the examination of piling records to establish whether preboring was required. Advised Managing Director and in-house lawyers directly of potential liability. Subsequently advised the Engineer under the contract on dealing with contractor claims and advised on contractual, technical and procedural matters.
14. Dispute Manager of a a team of professionals on the preparation of a claim on the design and construction of a pharmaceuticals process plant, involving an understanding of the process, the difficulties of construction and the design process. Advised on strategies to be adopted and prepared Instructions for Counsel and led negotiations to successful settlement.
15. Advocate and conduct of the case in an international engineering dispute, directing a team of four professionals in Germany in the preparation of a claim relating to the construction of LNG Tanks constructed in rock and designed to function after seismic loadings and involving foreign law. The preparation of the claim involved understanding the principles of seismic design and assisting the designers in preparing analysis to explain the development of the LNG Tanks, interviewing of engineers in Greece to record the progress of the construction works and working in liaison with the foreign advocate in the preparation of Statement of Case and advising on strategies.
16. The defence of a claim on a large petro-chemical plant, including the analysis of the large volume of test-pack information using spreadsheets design specifically. Set up and managed the system for database tracking of correspondence. Prepared analysis of legal issues related to quantum of damages for settled claims. This approach allowed the true value of the claim to be quickly evaluated and led to a successful settlement.
17. Prepared a claim for a world leading electronics company for a radio system in an international tunnel contract involving foreign law. The dispute required technical understanding of the function of the radio systems as well as the design, manufacture and installations processes involved. Led negotiations as advocate which culminated in a successful settlement.