Adjudication, Arbitration and Mediation by Atkinson-Law with Articles on Construction law and Standard Forms by Daniel Atkinson
Daniel Atkinson Limited Arbitration Adjudication Mediation
Email:daniel@atkinson-law.com 7 Oakland Drive, Robertsbridge, East Sussex TN32 5EX England
Mobile: 07778 347 777 Tel: +44 (0) 1580 880 532 Fax: +44 (0) 1580 881 140

 

Advocacy
Understanding and Making Your Case


Whether in meetings, negotiations or in a dispute resolution process, we can speak on your behalf and present your position in a professional and persuasive manner and argue your case. We can:

- make clear your views;
- express and present your views effectively;
- accurately identify relevant information;
- negotiate and resolve conflicts.

Click below for more detail of how we can assist you.


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.

We provide advice and draft 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.

 

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.

We provide representation combining advocacy skills with substantial experience of disputes including international disputes.


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.

We provide 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.