Settling on an informed basis.
Expert determination, early neutral evaluation and mediation support that give both sides a realistic view of the numbers before the cost of formal proceedings takes hold.
Four ADR roles.
Expert determination
Appointment by agreement of the parties to decide a defined quantum or valuation question. The decision is binding where the parties have agreed that it should be, and is reached on the documents, with written reasons, under a procedure agreed at the outset.
Early neutral evaluation
A non-binding, confidential assessment of the likely outcome on quantum, given to both parties jointly or to one party privately. Designed to reset expectations early and to make mediation or negotiation productive.
Mediation support
Quantum position papers, schedules and attendance at mediation as the party's quantity surveying adviser, so that offers and counter-offers are made against a tested valuation rather than a round number.
Without-prejudice quantum reviews
A private review of a party's own account, application or claim before it is served, identifying weak items, missing records and the realistic range of outcomes.
Most construction disputes settle. The question is when, and at what cost.
Litigation and arbitration are expensive relative to the sums in dispute on most residential and small commercial projects. The Pre-Action Protocol for Construction and Engineering Disputes and the courts' own directions expect parties to consider ADR, and costs consequences can follow where they refuse without good reason.
Independent quantity surveying input makes ADR work. When both sides can see a tested valuation, settlement discussions stop being about posture and start being about the figure. Where parties cannot agree, expert determination gives a binding answer on the specific question without a full trial.
Baker Accordia acts as a neutral in expert determination and joint early neutral evaluation, or as a party's adviser in mediation support and private reviews. The role is agreed and recorded before any work starts, and conflicts are checked against both parties.
ADR in practice.
Is expert determination binding?
It is binding if the parties' contract or their agreement to refer says so. Many standard forms and bespoke agreements provide for expert determination of valuation questions as final and binding save for manifest error. Where there is no such clause, the parties can agree one when they appoint the expert.
How long does it take?
Early neutral evaluation on a focused quantum question can be delivered in two to four weeks from receipt of documents. Expert determination depends on the procedure agreed, but three months from appointment to decision is typical for a single valuation issue.
Who pays?
In expert determination and joint evaluation the fee is usually shared equally and secured in advance. In mediation support and private reviews the instructing party pays. The basis is set out in the terms of engagement.
Can the same person act as expert witness later?
A neutral in expert determination or joint evaluation should not later act as a party's expert on the same dispute. A party's adviser in mediation support may be able to act as that party's expert witness if independence has been protected; this is considered at the start and recorded.
Discuss an instruction in confidence.
Early conversations are without obligation and treated as confidential. Conflicts are checked before any detail of the dispute is discussed.