Articles

Various Methods of Resolving Disputes Involved in the Construction Project

by Alisha Perry A Blogger
Disputes and conflicts are inevitable parts of the construction industry, owing to the complexities involved. Probably that is why it is considered as the most dispute is ridden industry. However, as every problem comes with a solution, there are various techniques for settling these disputes.
 
If you are planning to undertake a construction project, it is worthwhile to first be aware of these methods. Here are some common methods of resolving disputes that are involved in the construction project. Read them carefully as they are significant for the success of your construction project.
 
Litigation

Litigation is the most common method of solving disputes. Parties usually resort to this method when they fail to find any other way to solve the issues or disputes. It involves trial or court proceedings, and the claim process is overseen by a judge.
 
Parties receive an enforceable decision that they are bound to obey. As this is the most expensive and long-winded process, parties usually look for alternative methods before opting for it.
 
Mediation

One of the better alternatives to litigation is the mediation method as it helps to maintain the business relationship. In this method, a neutral third party is involved to help mediate the dispute resolution process. As opposed to litigation, mediation is not legally binding.
 
It is quicker and less costly than the litigation methods, which makes it the most appropriate solution for disputes or conflicts, if possible. The highly-experienced mediator encourages parties to find the best solution that suits their respective needs.

 
Arbitration

In this method, parties agree to refer the dispute to the neutral third party, known as the arbitrator. The arbitrator resolves the dispute and takes a decision based on documents and facts that concern the situation.
 
Though it is a confidential process just like meditation, it is relatively expensive. The cost is the same as that of the litigation process, and the cost of the arbitrator is bear by the parties itself. The arbitration process is quicker than the court proceedings or litigation process.
 
Expert Witness

Expert witnesses help the court or arbitrator by providing opinion evidence based on their understanding of the facts. An expert witness needs to be impartial to give sound judgment. Expert witnesses are required in situations where technical or scientific knowledge of the expert in the concerned field is needed.
 
An expert witness should have good communication skills, analytical reasoning capability, comprehensive knowledge and experience in the field, and ability to adapt to new shreds of evidence.
 
Final Words

So, now you know what you should do to deal with the disputes involved in the construction project. To streamline the process, it is preferable to hire a Quantity Surveyor in Australia.
 
One of the responsibilities of quantity surveyors is to manage disputes that may incur in the construction project. They can help prepare the expert witness report on the disputed situation and costs to help in negotiation and mediation.
 
Moreover, the pieces of advice and consultation provided by an expert witness during the legal proceedings can help recover the huge amount.


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About Alisha Perry Advanced   A Blogger

79 connections, 1 recommendations, 248 honor points.
Joined APSense since, January 21st, 2017, From Sydney, Australia.

Created on Sep 19th 2019 01:38. Viewed 364 times.

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