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Since its inception in 2013, Beckwith Mediation has evolved from reactive problem solvers to become practice innovators in the field of construction dispute resolution.
We bring a wealth of client side and supply side commercial construction and engineering experience to the table.
We combine this with the principles of effective contract management and the law to deliver real world solutions for clients.
We travel beyond the "mini-litigation" of adjudication to offer Clients new concepts in resolving commercial matters. These save on expensive management time and costs whilst still providing legally certain outcomes. If you have a contractual query and need quick advice then try our Helpdesk.
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Executive Dispute Resolution is a formal but flexible process whereby each party presents its case on a without prejudice basis to a panel comprising an independent mediator and a senior executive from each of the Parties who has not previously been involved in the dispute.
The less rigid setting of the EDR environment emphasises the importance of achieving a commercial settlement that each Party can live with in order to preserve the on-going business relationship. For further information, contact: Doug Beckwith.
Adjudication was mean to be a simple process – a quick, enforceable, interim decision. One that the parties themselves would be able to deal with. It was supposed to remove the overly adversarial nature of disputes, keep cash moving and allow the project to continue unhindered.
But it hasn’t always worked out like that.
The process became “juridified”. Far from being a quick process, it has become adversarial again. Parties now spend significant time preparing statements of case and obtaining expert reports. Procedural points are made. Jurisidictional challenges are raised. Adjudication has become litigation on speed.
By becoming adversarial it is no longer quick. By becoming adversarial it is no longer cheap.
But what if it could be all that it was meant to be? What if adjudication could be returned to it roots? A quick, interim process, without the unnecessary adversarial nature. A process that simply required the parties to address the issue in dispute without the need for further point scoring?
Positive Case Adjudication is a Construction Act / Scheme compliant form of adjudication that allows just that. PCA takes out the adversarial nature of adjudication by requiring both parties to advance a positive case in response to the question before the adjudicator. Costs and time are reduced by:
- Removing the need to act as if at trial. PCA reduces the time involved in adjudication reducing the need for procedural or jurisdictional challenges.
- Avoiding the need for Parties to respond to submissions for the sake of responding; advancing only their positive case.
- Fixing Adjudicator costs, ensuring parties have an upfront understanding of the risks of adjudication.
And whilst it is always open to parties to be represented by lawers, by reducing the legal, procedural and cost burden on all parties, PCA contiues to mandate adjudication as the "industry's dispute resolution method". For further information, contact: Richard Beckwith.
Last Offer Arbitration is a means of producing a final and binding outcome based on the Award of a neutral third-party made in accordance with the Arbitration Act 1996.
Last Offer Arbitration rewards fairness but does so in a way that avoids a win-lose outcome.
This helps to preserve working relationships notwithstanding the fact that a dispute had arisen that required arbitration. This method of dispute resolution is especially suited to monetary "final account" disputes arising out of construction contracts of all kinds. For further information, contact: James Beckwith.
A completely new way to resolve common construction disputes
Although adjudication is now the construction industry's way of resolving disputes and is quick and cheap when compared to litigation, it still brings with it a certain level of cost, stress and business downtime. Worse still it promotes those adversarial attitudes that we have all worked so hard to resist for two decades or more.
Beckwith Mediation offers a range of innovative dispute resolution solutions that are particularly suitable for the types of disputes that usually arise in commercial contracts, construction projects and contracts relating to the built environment.
Since the advent of coronavirus, Beckwith Mediation is working hard with Parties to construction contracts to evaluate the impacts of downtime and to structure new agreements that help to avoid later costly disputes. We do this by bringing our considerable skills and expertise to the table as Conciliators. This is more effective than straightforward mediation because conciliation mends fences and rebuilds relationships whereas mediation is simply about resolving ostensible differences.
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