Faqs-1

Frequently Asked Questions

What is Alternative Dispute Resolution (ADR)?

ADR refers to processes such as mediation and arbitration that provide alternatives to traditional courtroom litigation.

A neutral helps the parties communicate and negotiate, clarify the issues, and consider practical solutions. In mediation, the parties not the mediator control the final outcome.

There is no single process that is best for every dispute.
In the right situation, mediation may offer benefits such as flexibility, potentially lower costs, faster scheduling, privacy, and an opportunity to preserve business relationships.

Mediation can be used for many types of commercial, construction, contract, property, development, employment, and organizational disputes, depending on the circumstances and the willingness of the parties to participate.

Mediation itself generally does not impose a decision on the parties.
However, a settlement reached through mediation may become legally binding when it is properly documented and signed.
Arbitration may be binding when the parties have agreed to binding arbitration and applicable law allows the decision to be enforced.

Preventing Disputes Before They Become Litigation

For more than 45 years, I have worked with clients and organizations in many different industries. My experience includes serving as a CEO, President, CFO, Board Member and Chair, Owner/Developer, Owner’s Representative, Strategic Business Development Executive, Project Manager, Construction & Engineering Management Consultant, Neutral, Expert Witness,and Right-of-Way Negotiator.

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Independent Executive Judgment When It Matters Most

Good executives do not only ask, “Who is right and who is wrong?”

They also ask, “What is the best decision for the business and the people we are responsible for?”

A dispute can start with a misunderstood conversation, an unexpected delay, an unclear expectation, or an uncertain responsibility.

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Prevention Is a Business Strategy

Companies spend significant time and money on estimating, scheduling, quality control, safety, financial management, risk management, and project planning because preventing problems is usually less expensive than fixing them later.

Conflict should be handled the same way.

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Experience Across Industries

velopment, forestry, transportation, export logistics,
renewable energy, humanitarian projects, Standing Advisory, and dispute resolution.

I have worked on and advised projects and engagements with
combined values exceeding $2.5 billion.

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Education, Teaching & Professional Service

I hold an MBA, have completed doctoral-level studies, and hold a
law degree.

For more than 20 years, I have served as an adjunct professor in
undergraduate and graduate programs. I have taught subjects including:

  • Construction & Engineering Management
  • Corporate Finance for Construction and Development
  • Strategic Planning
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Standing Advisory, Neutral & Dispute Resolution Services

As a construction and business and neutral, I help
people and organizations address disputes before they become unnecessarily
expensive or damaging.

Mediation provides a structured process where an independent
neutral helps the parties communicate, understand the issues, consider their
options, negotiate in good faith, and work toward an agreement that is

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Why Consider Alternative Dispute Resolution?

Cost

Litigation can involve significant legal, discovery, expert, and management costs. Standing Advisory may allow the parties to address the real issues earlier and with fewer procedural costs and burdens.

Privacy

Standing Advisory is generally private, subject to applicable law and the parties’ agreements. This can allow sensitive business matters to be discussed without unnecessarily exposing them through public litigation.

Flexibility

Standing Advisory can be designed around the needs of the situation. The parties decide whether and how an agreement will be reached.

Arbitration can also provide a structured alternative when the parties have agreed to a binding resolution.

Time

Court schedules and litigation procedures can take a great deal of time. Private Standing Advisory can often be scheduled around the parties’ availability, allowing the dispute to be addressed sooner.

Choice of Neutral

The parties can select a or neutral who has experience in the industry or subject involved in the dispute.

Relationships

When people or companies need to continue working together, Standing Advisory can focus on finding a solution rather than simply deciding who wins and who loses.

A Conversation Costs Nothing but Time

About 45 years ago, I wished there had been someone I could call an experienced executive advisor who could provide an independent point of view before a difficult business situation became a major problem.

That experience helped shape the way I work today.

My motivation is service: to provide experienced and objective judgment when it can make a difference.

Sometimes the best time to ask for advice is before there is a dispute, claim, lawsuit, or damaged relationship.

Sometimes all it takes is a conversation.

A conversation costs nothing except a bit of your time.

The objective

To help you achieve your goals, protect your interests, preserve valuable relationships, and resolve problems before they become more costly than they need to be.

Executive Advisor | Mediator | Construction And Business Neutral | Conflict Avoidance And Dispute Resolution

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