Arbitration, Litigation and Dispute Resolution Expert Services for African Mining Projects

There is a colossal cost of utilising conventional channels to settle disputes that may arise between parties involved in projects, both in terms of financial resources and time. Thus, it is always rational to utilise alternative dispute resolution channels that save time and resources, and most importantly, ensure that a healthy business relationship is maintained.

Where ever there are different parties involved in the planning and implementation of projects, disputes are unavoidable. The main challenge, though, is how to resolve them in the event they arise. If left unattended or ineffectively addressed, disputes between different parties can result in failure to meet project expectations, with costly implications, as well as jeopardising future business relationships.

 More projects more disputes

Notwithstanding the effects of the Ukraine War, which has occasioned high energy prices, mining companies are bullish about prospects. Electing to look on the brighter side, taking a long-term view, undeterred, they are unveiling projects. In this atmosphere, naturally, there are likely to be more disputes between parties involved in projects. Based on its experience in resolving complex cases for clients globally, EVRA Consulting advises clients to consider utilising alternative dispute resolution services should disputes arise.

EVRA Consulting can provide ADR and independent Expert services for quantum, delay and contract management disputes under the most common forms of Contract i.e. FIDIC, NEC3/4 and bespoke Contracts. The company resolves complex disputes on construction and engineering projects for clients in different industries. “We can assist the disputing parties to resolve the conflict through the use of specialised communication and negotiating techniques,” Donovan Wing, Operations Director of EVRA Consulting, states, pointing out common problems encountered with conventional dispute resolution and the business case for seeking independent, expert-led mediations.

 Common problems with conventional channels

Conventional formal dispute proceedings may work in some cases, but even where they do it is at a colossal cost to the parties involved. Typically, conventional formal dispute proceedings are both very formal, expensive and in most cases lengthy. “The complex procedural formalities allow for little flexibility between the parties and outcomes are outside the control of the parties, being in the hands of the Arbitrator or Judge,” Donovan elaborates.

Adopting alternative or independent expert-lead mediations 

Considering the shortcomings of conventional dispute resolution channels, it is rational to explore Alternative or Independent Expert lead mediations. There are numerous benefits to be had from using conventional methods, which can be summarised into two. Firstly, alternative or Independent Expert lead mediations allow the parties, where possible, to settle disputes in a cost and time-effective way. Additionally, the ADR process has the advantage of putting the parties more in control of the process and final outcomes. “In our experience, as parties can be fully involved in the terms of any settlement, both parties tend to be more satisfied by outcomes within this process,” Donovan highlights the win-win benefit of independent expert-lead mediations.

 Disputes resolution about reaching a compromise 

However, both the aggrieved parties should be willing to reach a compromise. For this reason, there has to be a genuine desire by both parties to reach an amicable solution. Notwithstanding that viewpoint, there are situations where that is not possible, EVRA Consulting seeks an alternative, Donovan assures. “When faced with matters where parties are distant from a middle ground our approach would be to break the dispute up into smaller key issues and resolve these individually. This process by its very nature tends to bring parties closer together.”

Exercising prudence in engaging consultants

In an economy, where organisations are emerging in every sector claiming to be experts in some fields, Wing tells potential clients in the mining sector to exercise prudence when engaging consulting firms to provide alternative dispute resolution services.“Our advice would be to choose not just a reputable company, such as EVRA, but ensure the Expert chosen is both successfully experienced in formal and alternative dispute matters and an Expert in the matter the dispute relates to.“

Recommending mining companies to EVRA, he highlights: “We take great pride in our track record and reputation. We have several experts who have successfully resolved complex matters for clients, adjudicators and arbitrators by providing impartial, independent, honest and transparent opinions.” EVRA’s panel of Mediators are experienced construction professionals accredited by professional bodies such as the Royal Institution of Chartered Surveyors (RICS) as Commercial and Civil Mediators.