Preparation and defence of contractual claims for extensions of time and additional payment. more
Invariably not all claims can be successfully settled by negotiation and you may have to consider one or more of the following dispute resolution processes:
- Dispute Resolution Advisor (DRA) is a non-binding dispute resolution process in which a neutral third party known as the DRA is appointed from contract commencement to contract completion to assist the parties to identify potential disputes, advise on a means of resolving disputes, and assist in the resolution of disputes, which unless resolved, may turn into formal disputes;
- Mediation is confidential, voluntary and non binding dispute resolution process in which a neutral person, "the mediator" facilitates the parties to reach a negotiated settlement;
- Expert Determination is a private and confidential method of dispute resolution whereby disputing parties appoint an expert to determine a matter of fact or law in a final and binding manner.
- Adjudication in Hong Kong is a voluntary dispute resolution procedure written into construction contracts whereby the parties to the contract appoint an adjudicator to make findings on the facts and evidence and give binding decisions during the course of the contract;
- Arbitration is a confidential and final dispute resolution process in which the determination of the dispute is by one or more independent third parties rather than a court. The third parties, called arbitrators, are appointed by or on behalf of the parties in dispute. The arbitration is conducted in accordance with the terms of the parties' arbitration agreement which is usually found in the provisions of the construction contract between the parties. Arbitration in Hong Kong is governed by the Arbitration Ordinance (Cap 609 of the Laws of Hong Kong) effective from 1 June 2011; and
- Litigation is where the dispute is decided by a judge in the Court of First Instance of the High Court.
ADR are able to support you and your legal representatives throughout the dispute resolution process in:
- Choosing the most appropriate dispute resolution process and the way forward;
- Independent opinions on claims for extensions of time and additional payment;
- Expert opinion on a range of complex quantum and delay issues;
- Position papers and presentations for use in DRA, mediation and adjudication proceedings; and
- Further and better particulars and witness statements.