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Anthony Glaister is also experienced in Adjudication, Online Dispute Resolution, Conciliation, Collaborative Negotiations and Chaired Settlement Meetings:
Anthony Glaister is also experienced in Adjudication, Online Dispute Resolution, Conciliation, Collaborative Negotiations and Chaired Settlement Meetings:
Adjudication is now the most common form of dispute resolution in the construction and engineering industry following the enactment of s108 Housing Grants Construction and Regeneration Act 1996.
Adjudicator Experience
Anthony Glaister is registered as an Adjudicator with and has received appointments from the Technology & Construction Solicitors Association, the Construction Industry Council and CEDR. He accepts direct appointment by parties and is recognised as a pragmatic and reasonably priced adjudicator. He is happy to take on a wide variety of disputes, although is less inclined to take on pure valuation disputes best dealt with by surveyor adjudicators. Having said that where required he will employ assessors to work on quantum issues if that’s more cost effective and appropriate.
An hourly rate applicable to the size and complexity of the dispute is agreed.
Online mediations are conducted from different locations and are useful for international disputes or ones where an agreed location is impractical.
Mediations conducted online by videolink ore telephone are charged on an hourly basis at a rate applicable to the value and complexity of the dispute.
Recent examples include a contractual dispute with parties at opposite ends of the country conducted entirely by Skype and phone calls over a 6 hour period.
This is a combination of mediation and adjudication. It provides the benefits of both with the additional benefit of a fixed fee agreed at the outset.
The mediation takes place within an agreed time frame taking usually up to half a day. It is therefore unsuitable for large, complex or multi party disputes. Ideally it suits small construction disputes.
If the mediation does not succeed it moves into an adjudication phase and the conciliator provides a brief binding but not final decision usually without reasons.
Conciliations are ideal for small building and engineering disputes where the cost and uncertainty of adjudication or litigation may be unwarranted.
Costs broadly follow those of a mediation and will normally be based on a full or half day mediation with an additional allowance for drafting a possible decision. That decision will be binding on the parties although it is not a final decision. Reasons will not be given as it is intended that the recommendation is brief. If reasons are requested there may be an additional cost.
Unlike many lawyers Anthony Glaister is a professional full time negotiator and neutral mediator/adjudicator. Therefore he will willingly take on commissions to negotiate in good faith on behalf of a client on the basis that he will not and cannot continue to act in any capacity if the negotiations do not succeed.
How does this work?
Collaborative law is a new concept certainly outside family disputes. Collaborative agreements are entered into by both representatives and thus both of them can only act for their clients in these negotiations.
They undertake to negotiate in good faith disclosing all and any relevant material whether detrimental or not and there is no room for divisive litigation tactics. The parties are there to achieve a deal like in a mediation.
What are the likely costs?
The process is supposed to avoid excess correspondence and any reference to pleadings. There will be an hourly charge for the initial advice, circa £100, submitting and preparing a position statement similar to a mediation, tying in all relevant documents and attending one or more meetings. These can be conducted live or on line.
Mediation and facilitated negotiations go hand in hand, and Anthony likes to help parties either resolve complex policy issues where there may be a difference of opinion or emphasise or resolve differences that may not as yet have become formal disputes.
A typical example may be communications problems between board directors or partners, or between senior employees of a company. Whist not formally a workplace mediator, the challenge of getting people to work effectively together in the future provides some wonderful opportunities to simply chair or referee meetings.
Instructions can be very informal and arranged at short notice, and based on a single meeting or series of sessional meetings. Hourly rates or a fixed fee can be quoted on application.