16 BUSINESS AND TRAINING
6 . Lack of understanding or deliberate misuse of conditions of contract 7 . Wrongful termination or suspension of a contract 8 . Poor or incomplete design 9 . Or simply when one of the parties ‘ as a matter of principle ’ forces the other party to respond to ( typically ) a legal ( often unwarranted ) challenge .
The adjudicator or the arbitrator must determine the need to appoint an expert ( with the consent of the client / employer ) and define what the expert must assess or advise on in a report or as a witness , or both .
The adjudicator or the arbitrator at his / her discretion , can undertake a ‘ desktop assessment ’ ( without a hearing ) which may include reference to an expert ’ s report .
When implementing a formal dispute resolution process , it is imperative to get the names of the parties and their legal status correct , which may be a : a . natural person , or b . a corporation , or c . a partnership , or d . co-defendants that combine some of the above … to ensure a case is not lost before the start of proceedings by an incorrect identification of a party .
“ The best time to resolve the dispute is at mediation ”
During an adjudication or an arbitration , the parties can agree to stay ( suspend ) the proceedings for mediation to resolve a particular issue .
Before proceeding with the ADR – consider :
1 . The best time to resolve the dispute is at mediation – if the aggrieved party is not prepared to compromise , the legal / expert team may have to work harder to prepare their response !
2 . Ensure that the other party is solvent . It is not productive to work through the process , win the desired award – and fail to recover such costs , unless insurance or warranty cover is available ;
3 . Appointing a legal representative and / or a technical expert competent in the matter under dispute may be the key to secure a desired award ; 4 . Listen to ‘ your ’ advocate ’ s advice ; 5 . Keep emotions in check at all times ! The dispute resolution process is a clinical application of the law .
Look out for part two of this exciting topic in our next issue . PA
www . plumbingafrica . co . za @ plumbingonline @ plumbingonline @ PlumbingAfricaOnline June 2024 Volume 30 I Number 4