Consenso

Civil Engineering & Construction Dispute Prevention, Resolution and Mediation Service

A specialist service from ADR Group;

Industry Conflicts

The construction and civil engineering industries have a long tradition of conflicts and disputes and whilst this may never change, there is nowadays an imperative to avoid or better manage them when they are likely to become expensive.
All levels of the industry are subject to dispute and all too often, the effects are encountered most critically at the lower end of the chain where loss of cash flow can quickly drive subcontractors and suppliers out of businesses. No one wins!

The commercial benefit gained by the early resolution of any dispute is huge. If a solution can be reached quickly, the parties can return to trading and running their businesses to generate further revenue.
ADR Group has developed Consenso specifically in response to the needs of the civil engineering and construction industries for faster, cheaper, less confrontational and more satisfactory outcomes in dispute resolution.
Consenso is led by one of our foremost experts, with an international reputation for excellence in this field, Professor Robert Jackson.
Professor Jackson is a senior ADR Group trainer, a mediator and a Chartered Civil Engineer with a professional career spanning over 25 years. He is a member of various professional bodies and regularly lectures on the subject of mediation and dispute management.
 He is supported by a panel of fully trained mediators amongst whom are chartered engineers with many years of experience at the most senior levels of construction in UK and overseas.


Mediation

Experience suggests that civil engineering and construction industry disputes are expensive in terms of legal cost, human resource and direct management time.
Litigation seldom produces winners. Reputations and business relationships are often tarnished.
Mediation is more than an alternative to litigation and its pro-active and intelligent use allows companies to remain focused on the contract in hand, remain competitive and most importantly stay in business.

Mediation is confidential and flexible, encouraging innovation enabling  parties to negotiate swift, practical and commercially viable solutions beyond those that a Court, Arbitrator or Adjudicator could impose.
Mediation facilitates the resolution of a dispute by guiding the parties to a solution that is in the best interests of all involved, often by encouraging parties to offer and consider a compromise solution that would otherwise remain unspoken outwith the confines of a fully confidential and unbiased environment.


Dispute Prevention

As well as being able to reduce the cost of a conflict taken through the Court system (with no guarantee of a favourable outcome), mediation techniques can minimise unnecessary costs in the management of a dispute before it becomes a "conflict".
Dispute Prevention using Consenso is a pro-active management device which installs an early warning facility to reduce problems escalating into formal disputes.
Consenso works alongside, but is independent of, the project management teams.
Consenso develops a working relationship with all parties and a working knowledge of a project as it develops, thereby resolving problems as they arise to keep the project running smoothly.


About Us

ADR Group is an international organisation specialising in mediation and dispute management. Founded over 17 years ago, we assist parties in the resolution of a wide range of disputes and project management. Training and education is encouraged at all levels.


Using Consenso

If you are involved in a construction or engineering dispute that you would like to be considered for mediation, or wish to consider our dispute prevention service, please contact us for a free initial consultation on
0117 946 7180.

Click here to download the Consenso booklet


Lead Panel Members

Professor Rob Jackson is a senior ADR Group trainer a mediator and a Chartered Civil Engineer with a professional careeer spanning over 25 years. He is a member of various professional bodies and regularly lectures on the subject of mediation and dispute management.

John Done B Eng, CEng, FICE has a total of over 40 years wide experience in the construction industry. This includes a good variety of work with; contractors on sites in the UK, then resident engineer overseas, compiling tender and contract documents, resolving claims, managing company personnel and training, and as a conultant on the resolution of claims and conditions of engagement of consultants.

John Jackson C Eng MIStructE has forty years international contracting experience on bridges, roads, marine, power generation, petrochemical, offshore based in UK, Hong Kong and USA. Specializing in geotechnical, piling and foundations, post-tensioning and cable stays, heavy lifting and transportation and project shipping.


Consenso Case Studies

To illustrate the benefits of mediation it is interesting to review the outcome of a number of actual construction disputes.

Case Study A
A specialist contractor successfully tendered for trenchless lining work for a sewer rehabilitation and replacement project at a contract value of £100,000. On completion of the works the construction was deemed to be defective by the Client who subsequently withheld the sum of £15,000.
The contractor claimed additional monies amounting to £35,000 for dealing with unforeseen conditions and litigated against the Client to recover the total outstanding sum of £50,000 over the following timescale:

But, 23 months after the letter before claim was issued, and to ‘get rid’ of the dispute, the Client paid the Contractor £30,000 in full and final settlement. Both parties paid their own legal costs, amounting to approximately £30,000 each, and walked away from the dispute with the defects remaining. Litigation produced an outcome that was hardly satisfactory. It is probable that a mediated settlement could have been satisfactorily completed within 2 days and that, as part of the settlement, the construction defects could have been addressed.

Case Study B
In contrast, problems experienced by a horizontal directional drilling contractor centred around unforeseen ground conditions. It was alleged that the Client failed to adequately advise the contractor of the make-up of the ground. It was also alleged that the Client failed to exercise reasonable care in procuring an adequate and appropriate site investigation. In the event, both parties agreed to mediate during the contract rather than allowing the dispute to further escalate. It was resolved within a day and, perhaps most importantly, preserved an ongoing business relationship to the benefit of the contract as a whole.

Case Study C
Similarly, problems experienced by a contractor centered around steering difficulties with a tunnel boring machine installed on a man-entry sized utility tunnel contract. It was alleged that the machine manufacturer had failed to provide appropriate and effective specialist equipment. It was counter alleged that the contractor failed to supply accurate details of ground conditions at the tunnel horizon. Mediation permitted a confidential and speedy resolution to this dispute by addressing both unreasonable claims and unreasonable expectations.

For further information please contact a member of our consultancy division on 0117 946 7180 or email info@adrgroup.co.uk