Dispute Resolver not only for Construction and RE industry

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  • Welcome at German Resolver!

    German Resolver offers the full range of strategic consulting proofed in conflict de-escalation in construction and Real Estate business. Furthermore, you can call us as referee in Alternative Dispute Resolution (ADR). This expertise we also offer in other industries dealing with problems arisen out of strategic procurements, delivery or service contracts.

    Fast track projects are a usual practice. Also global procurement is state of the art. That continuously increase the demand of professional project management. Serious risks can arise out of ex post deviations to the contractual agreement. The reality proofed, only in case of timely resolving of dissents, claims or variation orders the objectives with regards to costs, time and quality are reachable.

    Sound footing for reaching this goal is a respectful communication of the contracting partners. If this objective is moved out of the key focus and none of the parties to a contract took de-escalation measures unnecessary damages on account of both parties may occur.

    At the latest when one of the parties quits to seek direct consent, German conflicts are usually referred to litigation. Main risk of using this constitutional right is the unpredictable duration until reaching the award. Further proceedings to realize remaining contractual obligations is usually adversely impacted.

    Using ADR procedures and referee involvements may reach faster resolutions. German Resolver´s chartered referees offer neutral consulting for selection of the appropriate ADR procedure. Mr Till Gross, (Dipl.-Ing., LL.M.), owner of German Resolver, is chartered by the German Society of Construction Law (Deutschen Gesellschaft für Baurecht e.V.) and the German Society of Construction and Concrete Technology ( Deutschen Bautechnik- und Beton-Verein e.V.).

    As an appointed referee we moderate conciliations. Adjudications provide within a view weeks temporary and binding decisions on payment applications and claims on cost and time. Private and confidential arbitration awards meet equal standards like court proceedings. Agreed ADR proceedings may be faster than litigation. Faster proceeding can provide further cost savings.

    Due to profession law reasons, general legal advise will not be provided. Nevertheless, awards are furnished with comprehensive legal justification.

    With purpose to allow early conflict recognition and resolution focussed communication, German Resolver provides focussed project team trainings. Effective approaches will be explained with descriptive examples and subsequently exercised in practice. The curriculum can be adapted to the reality in the dedicated project to allow using the training as a joint resolution workshop.

    In case of remaining questions, we are looking forward to receive enquiry.

    Dispute Resolution Methodes

    The legal framework in Germany almost fully covers all areas of public and private life. The constitution is foundation and precedent to all federal and dedicated legislation. In everyday language the name Grundgesetz is fully established. The constitution guarantees in Article 103(1) the entitlement to refer all disputes to litigation for achieving a binding decision. In parallel, Article 101 prohibits all types of courts not acting in compliance with legislation. Within the limitations of anticipated law, the parties remain their freedom to agree upon deviating resolutions. Consents on Alternative Dispute Resolution (ADR) procedures are common examples in this regard.

    The following ADR procedures are practiced in Germany. The brief description is prepared with focus on the German legislation. The mandatory requirement to have reached an agreement for involving a third party is once again reminded.

    Mediation describes a ADR procedure in which the dispute resolver becomes active before escalation. Mediation can be compared with a direct negotiation with a host guidance. He/she does not interfere directly into the conflict. The responsibility for development and to consent to the resolution fully remains with the parties. Successful mediators convince the parties with their individual competence and use to be trained by a certified training provider. The dispute resolution is based on oral communication with the parties. Application of advanced communication skills is critical for resolution success. Mediation can be terminated by party decision or by mediators statement if prospects to success are disappeared. The legal foundation of mediation was laid in 2012 with enforcement of the Mediation Law (MediationsG).

    Conciliation procedures are quite similar to the mediation procedures. But in addition to mediation, the conciliator is entitled to offer a settlement proposal and to support the parties reaching consent hereupon.

    Expert Determinations are subject to disputes arisen out of suitability for purpose, contractual compliance of materials or its quality. Such determinations is binding but can get set aside by award in litigation or arbitration, if agreed. The German Construction Contract Procedures, Part B (VOB/B) apply in clause §18(4) to appoint a certified material testing authority for determinations in this regard.

    Adjudikation is a fast track procedure, coming from UK. It combines approaches of expert determination and arbitration. The adjudicator´s determination is a temporary binding decision and can get revised by court or arbitration award. In contrast to the regulations in the Housing Grants Construction and Recreation Act 1996, clause 108(4), the proceedings for reaching the final decision may set aside the adjudication award fully or partially. Therefore, the Dispute Resolution Scheme for Construction [Industry] (German: Streitlösungsordnung Bau - SL-Bau) asks to reach a determination which is probably consistent with a subsequent litigation or arbitration award (reference: SL-Bau §25(2) - Adjudicators determination).

    Dispute Adjudication Boards (DAB) are usually installed in outstanding large and valuable construction projects. The agreement of DABs is commonly part of the contract agreement. Procedures for establishing and proceeding of DABs are included in FIDIC forms of contract which include design, procurement and construction works. Here, DABs provide as a third party temporary and binding decisions on referred disputes. Contrary to arbitration, DAB´s have regular meetings and consist of several members.

    Arbitration applies equal standards for legal evaluation and awarding like ordinary court proceedings. The agreed procedures must comply with Code of Civil Procedures (ZPO, Book 10 - Arbitration). The arbitral award has same effect like a final and binding judgement. The bestowed party can enforce the award at national courts or abroad in countries which have enforced the New York Convention.

    In case of remaining questions, we are looking forward to receive enquiry.

    Dispute Resolution Consulting

    Usually each conflict passes certain levels of escalation. Based on Friedrich Glasl´s Model of Conflict Escalation this process consists of three phases.

    If the conflict can get resolved in a early phase, both parties can gain advantages. Here, mediation or conciliation procedures are supportive.

    In the second escalation phase only one party is able to retain advantages arising out of a resolution of such dispute.

    In case of further escalation none of the parties can realise a benefit. Because awards released by third party referees should be considered as a external regulation measure. Whether ADR proceedings belong to the second or third escalation phase should be evaluated on individual basis.

    German Resolver provides support for detailed analysis and provide assistance to your team for identification, detailed development and enforcement of successful strategy approaches. We are looking forward to receive enquiry.

    Conflict Management Training

    For its conflict management trainings German Resolver has taken a slightly different approach to other training suppliers with excellent reputation. In addition to the Four-sides-model, German Resolver can furnish the necessary strategy and logic for evident and conclusive communication.

    German Resolver can teach you how to analyse communication history based on the principles of Game Theory. Conflict escalation use to be results of finally wrong decisions in Prisonner´s Dilemma or Chicken Game situation.

    Clients which are dealing with very complex questions of public interest may face problems to cluster the arguments. Our training for clustering and ranking of arguments shall allow identification of importance rankings or sequencing of decisions. Based on such information Decision Support Models can be deployed for identification of resolution approaches.

    Offered training formats are:

    • In-house trainings,
    • In-house team workshops,
    • Online-trainings on selected topics at our own online Moodle.

    In case of remaining questions, we are looking forward to receive enquiry.

    Code of Conduct

    German Resolver applies on all professional activities a Code of Conduct which is defined in the subsequent four corner stones:

    • Acting with integrity - All activities of German Resolver are predictable and transparent. Potential conflicts of interest are disclosed in advance. All information received from the clients and about the diespute are treated with confidence. German Resolver will not act against the public interest. Appointments will also be terminated in case of circumstances being beyond jurisdiction (i.e. constitutional, criminal or human right offences)
    • Providing of high service standard - Discovered ambiguities will be clarified prior to entrance into a contractual agreement. External competence will be involved on demand or upon request if such involvement becomes necessary for achieving the service objectives.
    • Promotion of professional reputation - All services and awards are provided in accordance with the chartered institutions CIArb, RICS and German Society of Construction Law e.V. The chartered referees take part in continued professional development programs (CPD) and provide record of the achievements.
    • Respectful acting - German Resolver treats all clients, business partners and colleges without preferences, respectfully and with courtesy. German Resolver takes position agains racism and all kind of discrimination.

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