1. Complete the enquiry form on this website.  This provides us with information such as the names of the parties, the project concerned,type of contract and value of dispute etc.
2. Based on this, we prepare a short report outlining how we believe the dispute might be resolved employing one of our five agreeable alternative dispute resolution (aADR) methods.
3. You then pay a non-refundable deposit according to the value band of the dispute.  Our fees are 3% of the value of the claim (with a minimum fee of £1000).
4. We then communicate with the other party to endeavour to engage them in a dialogue to end (or avoid) the dispute using our proposed aADR method.
5. If we are successful, the the parties enter into an aADR agreement and the chosen dispute resolution procedure is implemented.
6. If we are not successful in our attempts to persuade the other party to join the dispute resolution procedure, then we refund the deposit less £500 administration fee.  If the amount of the deposit paid is less than £500 then no cash refund is due but we will issue a discount code to the value of £150 for use in a further application.

ISSUES WITH ALTERNATIVE DISPUTE RESOLUTION

Small and Medium sized Enterprises (SME) often face challenges when seeking access to justice.  These difficulties can impede their ability to enforce their legal rights or resolve disputes effectively.  Some of the most common challenges include:

1. Cost barriers: Proceedings in adjudication can be costly.  SME may struggle to afford legal representation, adjudicator's fees and related expenses, such a expert's costs.
2. Limited resources: SME typically have limited financial and human resources making it challenging to engage in protracted legal battles, especially serial adjudications.  This can put them at a disadvantage when facing larger and better funded opponents.
3. Traditional ADR barriers: SME may encounter obstacles in using traditional ADR methods such as the costs of the process, unwillingness from the opposing party to participate or reluctance to agree to ADR in contracts.

ENTER CINDAR DISPUTE RESOLUTION

1. Early Neutral Evaluation
2. Mediation
3. Executive Dispute Resolution
4. Expert Determination
5. Positive Case Adjudication.
   

This is a process that involves a neutral third-party who evaluates a dispute or potential dispute at an early stage of the dispute resolution process such as before issuing a Notice of Adjudication.  A neutral evaluator, who is an experienced person, assesses the strengths and weaknesses of the matter and provides feedback to the parties about their respective positions in the form of a non-binding recommendation.

Especially useful when dealing with construction disputes, evaluative mediation is a process in which a neutral third party facilitates discussion between two (or more) parties in conflict.  Th goal of the mediation is to help the parties reach a mutually acceptable agreement to resolve their dispute.  The mediator may meet with the parties separately or together and helps them to communicate and understand each other's point of view.

This is a process used by organisations to resolve disputes or conflicts that arise out of complex project situations.  It typically involves a neutral third party who assists the parties in engaging in a cathartic process of hearing the issues followed by mediation between senior executives.  This process is particularly helpful in resolving disputes in a timely and cost effective manner which can help to preserve business relationships and maintain productivity.

Expert determination is a process for dispute resolution where the parties appoint and independent and impartial expert to decide the issue in question.  The decision of the expert is binding on the parties.  Expert determination is suited to disputes of valuation or of a technical nature and there is no need to prepare extensive paperwork in the form of submissions.  The process is thus quicker and cheaper than litigation makes a valuable contribution to the suite of aADR methods.

Adjudication is a common form of dispute resolution used in the construction industry.  The adjudicator is a neutral third party who is appointed to resolve the dispute within a relatively short time.  However, adjudication has become too expensive for many smaller disputes.  Positive case adjudication differs in that it requires the parties to establish their best case and to make a best and final offer associated with it.  The adjudicator then selects the preferred outcome from those presented in accordance with the evidence and the law.