Alternative Dispute Resolution Consultancy

Most contractual disputes arise during the construction phase, and may include a complex mix of factual, technical and contractual issues. Dispute management includes the analysis of factual and contractual issues, the organization and interpretation of data, and the formulation of a positive strategy to address the problem. Castle dispute management services can greatly reduce clients’ dispute costs. We can assist in reducing the number and scope of contractual disputes through a system of risk avoidance and negotiation.

Castle Professional's can support and facilitate a range of Alternative Dispute Resolution (ADR) processes in a variety of roles. Castle can provide or supplement the services offered by a specialist in construction law in (ADR).

Castle seeks to minimize the legal and administrative costs of dispute resolution and to free up management time for more productive purposes. Castle assists clients in the swift and economical resolution of disputes, so that their attention can remain focused upon the project.

Most ADR processes enhance the role of participants, allowing them greater input and control of the process and outcome, than is available under the more formal processes. ADR is less threatening than formal court processes or face-to-face negotiations, and can be much more cost effective.

Castle employs practicing and accredited arbitrators and mediators. Castle can provide all the technical, commercial and dispute resolution support required by principals and contractors in an innovative and cost-effective manner, and can advise upon which ADR process is most suitable in any given situation.

Facilitation and Negotiation

Facilitation is a process of assisted communication, including elements of mediation. It can enable the fast and economical resolution of disputes, and is suitable in situations where parties wish to settle a dispute and their relationship still allows constructive negotiation. It is particularly helpful in matters involving a large number of people where it can reduce adversity, clarify issues, develop a consensus and improve relationships. Castle has negotiators and facilitators with the necessary legal and technical skills, and experience in non-confrontational communication to achieve a settlement that all parties would deem to be acceptable.

Mediation

Mediation is a voluntary and flexible process. It is particularly useful to reduce costs and time, preserve business relationships and to maintain confidentiality. The mediator helps the parties to find their own solution by isolating issues and developing options for reaching an agreement which accommodates the needs and interests of each participant.

Castle supports formal, or informal, mediation in all disputes. With practicing mediators and legally qualified staff, Castle can mediate disputes between parties, or assist in the preparation and representation of a client at a hearing.

Expert Determination

Expert Determination is a flexible, alternative to formal dispute resolution in which an independent expert in the required field makes a binding or non-binding determination, or appraisal, based on submissions from the parties. It can be the quickest and most effective way of resolving disputes over technical issues which are relatively simple in content.

Castle Co. can assist by appointing an in-house independent expert, determine procedures, or by representing clients by assisting in the preparation of submissions and the response to submissions by the other party.