Alternative Dispute Resolution
I engineer behaviours that prevent disputes and represent you decisively when they arise. From negotiation and mediation to 28-day adjudication, I run lean, evidence-led processes while BADR keeps issues de-escalated and records clean, so outcomes arrive faster, at lower cost, with less noise.
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“Decisions shape outcomes; behaviour shapes trust.”
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Behavioural ADR
We shape behaviours that prevent disputes and make formal ADR faster, cheaper, and decisive.
How it works
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Reactive loop: Acknowledge → Clarify → Commit → Close (stops drift, creates a clean trail).
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Proactive cadence: Anticipate → De-escalate → Resolve → Reinforce (kills repeat patterns).
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Behavioural SLAs: responses/decisions in hours & days, not weeks.
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Decision hygiene: one source of truth, lawful notice routes, evidence by default.
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Best for Payment/valuation stand-offs • programme friction • multi-party interfaces • commissioning gates • live-site upgrades
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You get (teaser) Behaviour Charter + bSLAs • Issue→Decision pathway • ADR route map (only when needed) • Lightweight telemetry
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Impact: Fewer escalations • cleaner month-ends • faster change decisions • stronger cashflow • shorter, more decisive ADR
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ADR Routes
Negotiation (without prejudice): scope/quantum gap, relationship intact. Hours-weeks; output: heads of terms/deed of variation.
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Mediation (facilitative/evaluative): multi-issue basket; needs a neutral to unlock a deal. ½-1 day; output: binding settlement agreement.
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Adjudication (UK construction): cash flow/time decision now. ~28 days from referral; output: temporarily binding, enforceable (“pay now, argue later”).
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Expert determination: narrow technical/valuation question (e.g., productivity rates, M&E performance). Fast & focused; binding if the contract provides.
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Dispute boards (DRB/DAB/DAAB): long, interface-heavy or cross-border programmes. In-period recommendations/decisions that prevent drift.
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Early neutral evaluation (ENE): needs an indicative view to break the deadlock. Short, non-binding evaluation to catalyse settlement.
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Mini-trial / executive panel: strategic disputes needing senior buy-in. Counsel-light presentations; principals decide.
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Med-Arb / AMA: Attempt to settle first, but ensure finality. Settlement if possible; otherwise, a binding award.
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Arbitration: private final determination (esp. international). Binding award, internationally enforceable.
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Litigation remains an option, but ADR is typically faster, more confidential, and more controllable in terms of timetable and cost.