Independent Neutral

For all projects, the early identification of disagreement, coupled with an effective interim resolution process, is critical if they are not to evolve into lengthy and expensive litigation; and when a formal process is required, arbitration is the only effective choice. John is a leading commercial mediator, construction adjudicator, and arbitrator; and has been at the forefront of the recent adjudication and arbitration reforms. He has also been listed by the National Business Review as one of NZ’s leading commercial arbitrators and mediators.

Successful projects require careful consideration and a sensible approach to procurement at the outset. Unrealistic expectations; insufficient scoping of the work and understanding of project uncertainties; opportunistic allocations of risk; inappropriate procurement procedures and forms of contract; and ineffective dispute resolution procedures, all contribute to project failure. John has acted for various infrastructure owners and developers in the energy, water and wastewater, and transport sectors, guiding them on their procurement process and forms of contract with considerable success, and contribute to project failure.

Once a project has commenced, disagreement is inevitable. How they are dealt with is critical. Disputes boards are primarily mandated to deal with disputes as soon as they arise. Project mediators fill a a more immediate role. John has filled both roles.

John has a long history of working with clients’ procurement teams and their legal advisers as an independent neutral. From a good practice perspective, whether complying with the Government Procurement Rules or simply “good hygiene” that goes with effective governance, most projects will benefit from an “independent eye”, whether as peer reviewer of procurement strategies or probity auditor of the process.