|
BUILDING DISPUTES AND PROFESSIONAL CLAIMS
Since 1982 Tony Towell has been engaged with building contracts, disputes and also claims of a professional nature. He has dealt with almost 300 claims against surveyors, over 100 disputes between building owners and building contractors and many others including disputes regarding the installation of conservatories, and boundaries.
ALTERNATIVE PROCEDURES If a party finds themselves in a dispute there are several ways to resolve matters. Sometimes the contract or conditions of engagement will direct the parties to a course of action. If not the parties have the choice of going to the Courts, Arbitration, or Alternative Dispute Resolution such as Mediation or Expert Determination to resolve their dispute. One or more of these forms of action can be taken. The Courts tend to recommend Alternative Dispute Resolution as an initial method of trying to resolve a dispute to avoid the high costs of a court action.
Tony Towell is able to assist as an Expert Advisor, Expert Witness or Single Joint Expert if matters proceed to Court, or in providing Expert Determination or acting as a Mediator in Alternative Dispute Resolution.
MEDIATION When the dispute is taken to Court, Arbitration or to someone for expert determination, the outcome of the decision is made by others, rather than by the parties. When a Mediation takes place the Mediator assists the parties to reach a settlement of their own choosing. The Mediator does this by using his/her skills of negotiation to narrow the issues and bring the parties to a situation where settlement can be reached. The mediation is normally held in three rooms with the Mediator and parties having separate rooms. After joining the Mediator for a preliminary session the parties then occupy separate rooms. The Mediator goes between the parties acting as a facilitator to enable the parties to settle their dispute. Once a settlement is reached an agreement can be drawn up and signed by the parties to become a legally binding document which would be upheld in Court. The Mediator acts in an impartial and independent capacity and will not disclose information unless authorised to do so. The Mediation process is an ideal process for parties willing to resolve their dispute.
|
|