Dispute Resolution

Capital House can assist with all aspects of dispute resolution, including adjudication, expert determination, mediation, conciliation and arbitration. An overview of our expertise and the dispute resolution stages is provided below.

Expertise

John Knuckey
Arbitrator, Mediator, Conciliator, Expert and Adjudication Practitioner
(MIEAust, CPEng, NPER, MIAMA.)
  • John is a civil engineer experienced in design management, construction management and project management of civil engineering and building projects.
  • His experience has been gained during 15 years involvement with the resources industry and over the past 20 years as the managing director of Capital House Australasia.
  • He has experienced administration of numerous contract forms as client, contractor and consultant both in Australia and internationally.
  • His project experience encompasses building works for public, commercial, industrial and infrastructure facilities and civil engineering in connection with railways, mining, power station, infrastructure projects and more recently food processing, cold storage and agriculture.
  • John can assist in resolving contractual disputes as either claims consultant, adjudication advocate, mediator, conciliator, expert determiner or arbitrator.

Brian Nelson
Expert Witness
(MEngSc, CEng, CPEng, MIStructE, MIEAust)
  • Brian is a structural engineer highly experienced in a wide range of structural and civil engineering applications.
  • In addition to the use of conventional materials such as steel, concrete, brick and timber, Brian is experienced in design using a wide range of exotic materials such as cable nets, fabric structures, cast ductile iron and cast steel, extruded and cast aluminium, engineered glazing, prestressed clay, titanium and structural glass, fibre reinforced concrete, fibreglass, carbon fibre, weather resistant steel and FRP composites.
  • As a structural engineer, Brian's knowledge of building and construction issues is unsurpassed in his field; he can assist you as an expert witness in disputes involving such matters.

Dispute Resolution Processes - An Overview

The following is a brief summary of the usual processes:

Adjudication
  • The Construction Contracts Act (2004) provides the opportunity for rapid resolution of payment disputes using a process termed Adjudication.
  • It enables Claimants to take control of a payment dispute without having to incur substantial legal expenses.
  • The outcome of an adjudication is legally binding on both parties.

Expert Determination
  • Expert determination is a private and flexible alternative procedure for the resolution of disputes based upon the decision of an independent third party “the Expert”.
  • It is a less formal and more expeditions process than arbitration often with no lawyers involved resulting in substantial savings in time and legal costs.
  • The outcome of an expert determination is usually final and binding.

Mediation
  • Mediation is a confidential process where an independent and neutral third party assists the disputants to negotiate and reach a decision about their dispute.
  • Mediation is in effect voluntary and can only be successful if both parties are prepared to actively engage in the process to achieve an outcome.
  • Unlike other dispute resolution processes, it is a needs based rather than rights based process.
  • In mediation the parties decide how to resolve the dispute regardless of their individual rights under contract or common law.
  • A legally binding outcome can be achieved.

Conciliation
  • Conciliation is a process in which the parties to a dispute, with the assistance of a neutral third party (the conciliator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement.
  • It is similar to a mediation process however the conciliator has a much more proactive role.

Arbitration
  • Arbitration is a formal dispute resolution process in which two or more parties refer their dispute to an independent third person (the arbitrator) for determination. Under the direction of a qualified arbitrator, it is an expedient, private and efficient method of dispute resolution.
  • Arbitration is a rights based dispute resolution process that is:
  • an alternative to litigation
  • is private and confidential
  • is relatively cost effective and quick
  • is conducted in accordance with the law and each party’s rights
  • is final, binding and enforceable by law.
  • The process is governed by the Commercial Arbitration Act 1985 and may be conducted in accordance with the Rules of The Institute of Arbitrators and Mediators Australia.

Qualification Notice


Not Legal Advice
The information provided on this website is intended to provide guidance for those seeking introductory information regarding dispute resolution processes and should not be treated as legal advice. Capital House Australasia does not provide legal advice. If you require legal advice we recommend that you contact a lawyer.

Information for private use only
The information may be used for private purposes only; it may not be copied and used for commercial purposes.