Alternative Dispute Resolution
Alternative dispute resolution (ADR) is the process of resolving contractual disputes and other legal problems without taking formal legal action in the courts. ADR is often faster and cheaper than litigation.
At Lenz Moreton, we offer specialist ADR services to members of the engineering and construction industries. Our principal, Chris Lenz, is a Nationally Accredited Mediator, a graded arbitrator, and a senior adjudicator in Queensland. He has also made an expert determination about a lease with construction issues.
Our engineering and construction arbitration, mediation, adjudication, and expert determination services are all designed to help you reach final and satisfactory solutions to disputes. Thanks to our understanding of the unique legal issues you face as an industry member, we are able to ensure these solutions are relevant and appropriate to you.
Why Alternative Dispute Resolution?
ADR is an increasingly popular choice for settling disputes in the engineering and construction industries. Construction contractors and other industry professionals prefer ADR because:
- It is less costly than litigation
- It is confidential
- It helps preserve business relationships between you and the other party
- It protects your reputation and the reputation of the other party
- It is more flexible than litigation
- It produces practical solutions to your problems
- It is less time-consuming than litigation and leads to speedier settlements
By resolving disputes quickly and peacefully through ADR, you are able to increase your business’s productivity and profitability.
How It Works
Alternative dispute resolution comes in several different forms, but each involves using a qualified, independent third person to help resolve your dispute.
With mediation, a mediator helps you and the other party (or parties) present your views and facts, identify the disputed issues, and develop options for reaching an agreement. The mediator doesn’t judge the matter, they facilitate the process and help you reach a resolution. (You can read more about our mediation services here.) We can help you in the process, or Chris Lenz can mediate your dispute if neither party has engaged him as their lawyer, and he has no other conflict of interest.
If you have a dispute over payment for work done under contracts, you can lodge an adjudication application with the Queensland Building and Construction Commission, who will appoint an adjudicator. The adjudicator will then help determine what should be done about the payment dispute. At Lenz Moreton, we can help you with this process.
When resolving a dispute through engineering or construction arbitration, you and the other party (or parties) agree to abide by the independent arbitrator’s decisions. You each present your points of view and evidence to the arbitrator, who assesses this information to make a decision. Lenz Moreton can assist you with the notice of dispute, and represent you in the arbitration process.
Under expert determination, you and the other party (or parties) agree to be bound by the decisions of an independent expert. The expert considers all the facts and each party’s case after each party has provided evidence, made submissions, and responded to the opposing party’s case. They then determine the dispute.
Why Use An Industry Expert for ADR?
Not all alternative dispute professionals understand the engineering and construction industries. This has the potential to diminish the value of the ADR process, as they can make decisions in your case that are not informed by an understanding of your industry.
At Lenz Moreton, we have years of experience working with engineering and construction companies. Our principal, Chris Lenz, is a qualified engineer. Thanks to our engineering and construction background, we understand the unique challenges you face, and we know how to help you best resolve them. By resolving disputes quickly and efficiently, we can help you to improve your productivity and profitability.
To discuss whether alternative dispute resolution is an appropriate solution to your dispute, call Lenz Moreton today on (07) 3220 0299. We look forward to hearing from you and providing you with expert assistance.