Scenario

Your client says that he has used mediation, adjudication, and arbitration in the past but mediation hasn’t always provided a result, and adjudication and arbitration can be lengthy and costly. Imagine you are a consultant and your client has requested your guidance to any other ADR processes which may provide a cost-effective and speedier outcome. You have mentioned DRB’s, Expert Determination, Mini Trial, Neutral Third Party and Ombudsmen schemes and the client requests the following clarification:

1. Further explain the role of the DAAB in FIDIC contracts and what would be the action(s) a party could take if it didn’t agree with the decision of the DAAB?

2. Explain briefly an Expert Determination and the circumstances it may be used.

3. Describe briefly the workings of a Mini-Trial.

4. Explain the form of negotiation in which the negotiation is facilitated by a neutral third party.

5. Explain Ombudsmen schemes and give examples of any Ombudsmen schemes used in the construction industry.