Conciliation is an alternative dispute resolution process whereby the parties to a dispute refer a dispute to a conciliator. The conciliator generally first meets with the parties separately and then brings them together in an attempt to resolve their differences.
Whilst arguably the commencement of the adjudication procedure, under the Construction Contracts Act 2013, may reduce conciliation, it still provides a useful procedure to settle parties differences.
The Standard Irish Forms of Building Contract provides conciliation as a dispute resolution process (see extract from Public Works Contract sub-clause 13.1.1 ).
Each party is responsible for their own costs and are jointly and severally liable for the cost of the conciliator.
Having acted in several conciliation hearings, over the past 16 years, we can help you prepare for the conciliation and present your position during the conciliation hearing.
Appointments as Conciliator
Mark Etherington is on the Society of Chartered Surveyors Ireland (“SCSI”) conciliation panel and will act as a conciliator.
Standing Conciliator
For all contracts carried out using Public Works Contract (“PWC”) Form PW-CF1 to PW-CF4 where the anticipated Contract Sum will be in excess of €10million, a Standing Conciliator must be appointed by the Parties, from the Starting Date until the Parties agree to terminate the Standing Conciliator’s appointment
Mark is an acting Standing Conciliator under the GCCC form of contract.
Party Representative - Project Board
The PWC also provides for a Project Board, where the parties can nominate up to 3 people to sit on the Project Board.
The sole function of the Project Board is to review disputed Employer Representative Determinations issued under Sub-clause 10.5.4 and 10.5.5 of the Conditions of Contract and referred to the Dispute Management Procedure under sub-clause 13.1 of the Contract, with an intent to negotiate a resolution without the need to formally refer the dispute to conciliation.
It is possible to nominate us as one of the party representatives.
13.1.1 If a dispute arises under the Contract, either party may, by notice to the other, refer the dispute for conciliation under this sub-clause 13.1. The notice shall state that it is given under sub-clause 13.1 of the Contract.
Conciliation Services
Early assessment
ACUA can review your issues, and provide an early assessment on your contractual entitlements.
preparation
We can substantiate your entitlement, draft opening statements and assist your through any conciliation process.
Independent third party
Mark Etherington can act as conciliator. This can be with agreement by both parties, or, application to the Society of Chartered Surveyors Ireland, requesting such appointment.
