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Consulting and expertise

Prevention

> Establishing a contractual framework which allows for a fair allocation of risks between parties to a construction contract

> Risk analysis; prepare and update a risk management plan

> Implementation of a partnering process in order to reinforce the project team and maintain a proactive approach to the prevention and resolution of potential disputes.
(see http://www.adr.org/sp.asp?id=22032 on partnering from the American Arbitration Association)

Negotiation

> Provide third party independent expert assistance to a party in a negotiation

Mediation

> Intervene as a project mediator as specified in the latest version of the Canadian Construction Documents Committee (CCDC), and more particularly the Rules for Mediation and Arbitration of Construction Disputes (CCDC 40).

Neutral Evaluation

> Neutral Evaluation is a process in which the parties present their cases to a neutral third party with expertise in the substantive area of the dispute and who renders a non-binding reasoned evaluation on the merit of the case. This process combines features of both a decision-making and a non-decision-making process. During the process, the neutral may be invited to serve as mediator or facilitator.

> In the construction industry, Neutral Evaluation takes the form of a Dispute Review Board (DRB) or Dispute Adjudication Board (DAB) depending on the binding nature of the recommendation from the third party neutral. See www.drb.org from the Dispute Resolution Board Foundation for more details.

Arbitration

> Like litigation, arbitration utilizes an adversarial approach that requires a neutral party to render a decision. Unlike litigation, arbitration generally allows the parties to design most aspects of the resolution process to suit their needs and the nature of the dispute. Further, the parties to an arbitration are able to choose the arbitrator, an option which is not available in the traditional court system.

> See the latest version of the Rules for Mediation and Arbitration of Construction Disputes (CCDC 40) published by the Canadian Construction Documents Committee (CCDC).