Michael Gerard is delivering a webinar to the Norwich & Cambridge branch of the Chartered Institute of Building (CIOB) on Tuesday 9th June 2020. The presentation, entitled ‘Introducing Adjudication and Mediation as Part of the Alternative Dispute Resolution Family’ explores the various kinds of ADR processes that are regularly used within the construction industry.
The important role of adjudication and mediation in dispute resolution
Although most construction professionals are aware of the difference between litigation and ADR and are also familiar with the areas of mediation and adjudication, not everyone has a working knowledge of these routes to dispute resolution. With this in mind, Michael is sharing his extensive experience as a practitioner in the sector to enable attendees to increase their understanding of these different routes to resolving disputes in a way that is acceptable to all concerned.
“As adjudication and mediation are by far the most popular forms of ADR within the UK construction sector, my presentation focuses on these routes to dispute resolution,” comments Michael. “Due to the expense and considerable stress involved in legal proceedings, no construction professional should consider litigation unless as a last resort. The good news is that adjudication and mediation have high rates of success when applied properly, so it is well worth businesses knowing about these tried and tested ways of resolving disputes.”
ADR as a route to resolving conflict
ADR is also considered in the context of JCT standard forms of contract. By definition, any dispute resolution process other than litigation is ADR, but litigation will also be briefly touched upon, not least because litigation ‘sits over’ many of the ADR processes such as adjudication.
To further enhance attendees’ understanding, the Pre-Action Protocol for Construction and Engineering Disputes is covered within the webinar; although the protocol is a part of the litigation process, it is distinctive from litigation per se and has a high success rate of settlement. Not only that, there is also a requirement for the parties to enter some form of ADR process.
Adapting to the challenges of Covid-19
Michael’s presentation was originally planned as a live speaking engagement in Norwich, before the Covid-19 pandemic made gatherings of this nature impossible. However, rather than cancel the evening, the organisers were able to reschedule it as a virtual event.
“While meeting people in person is always a pleasure, I’m really pleased that I am still able to deliver this presentation in webinar form,” says Michael. “I’m grateful to the organisers for providing support in preparing me for what, thanks to current restrictions, is the first in a string of webinars in my diary. I am looking forward to this new experience and I am sure that the fact that we have been forced into embracing new technology will influence how we continue to do business when restrictions are lifted and life returns to some semblance of normality.”
Expert adjudication and mediation advice
For more information about the specialist services Michael Gerard Solicitors provide in dispute resolution in the construction and engineering sectors, please contact us today on 01858 414 290 or email enquires@mg-law.co.uk.