In addition to arbitration and mediation, CIICA offers the following cost effective dispute avoidance and resolution services:
EARLY NEUTRAL EVALUATION
In early neutral evaluation, a neutral person with specialist knowledge and skills considers each party’s position in a confidential session and renders an opinion on the merits of the issue(s) in the case and the likely outcome should the case be heard in court. The evaluation is not binding on the parties and is designed to serve as a basis for further constructive negotiations between the parties.
EXPERT DETERMINATION
Expert determination involves submission of a dispute or difference between parties to one or more experts who make a determination that is binding, unless the parties agree otherwise.
There is no requirement to prepare pleadings, conduct detailed investigation of documents, cross-examine witnesses or conduct trial-type hearings.
The parties’ contract may provide for expert determination to resolve any disputes that arise, or the parties may decide to use expert determination to resolve an existing dispute in preference to the system provided by their contract. Although Expert Determination is an Alternative Dispute Resolution process, it can also be used when there is no dispute, but a difference which needs to be resolved for example the valuation of a private business.
ADJUDICATION
Adjudication offers immediate, binding and affordable relief with the opportunity of later revisiting contested issues in arbitration. It involves an independent third party, usually an expert in the subject matter, who makes a decision after considering the claims of both parties. Adjudicators are not bound by any procedural rules such as the rules of arbitration.
Adjudication is generally binding for an interim period of time in order to resolve a dispute promptly. At the request of a party, the specific issues decided by the Adjudicator may be arbitrated at a later time for a definitive and binding solution.
DISPUTE BOARD
A Dispute Board is a standing body composed of one or three members usually set up upon the signature or commencement of performance of a mid-term or long-term contract, to aid the parties in avoiding or resolving disputes that arise during the implementation of the contract. The dispute avoidance role of the standing board involves encouraging the parties to solve their own problems, creating an atmosphere where the parties continue to communicate and avail themselves of the advisory role of the Dispute Board.
One of the primary advantages of using a dispute board is that its members may be called upon as soon as a difference arises and help the parties resolve it before it turns into an intractable dispute. Resolving conflicts at an early stage, or even before they arise, is an obvious benefit that can substantially minimize costs such as legal fees, and reduces loss of productive time and goodwill between the parties.