Architecture: As a Registered Architect with 35+ years experience, I design and manage building projects.
Both roles benefit from practical and professional skills and qualifications in construction, design, valuation, law, & dispute resolution. As well as a dollop of practicality, reality, cost-effectiveness and common sense.
Who, What, and When:
Mediation: If included in the contract terms, an independent mediator can be appointed to help the parties reach an agreement. The process is confidential and the outcome should be enforceable as a contract between the parties.
Arbitration: If included in the contract terms, often first requires an attempt at mediation. An independent arbitrator decides the dispute on the evidence. The process is confidential and the outcome is enforceable, final and binding.
Adjudication: Available (by law) to every NZ construction contract regardless of contract terms. Similar to arbitration, but whilst the outcome is enforceable and binding, it is not necessarily final.
Licensed Building Practitioners Board: Investigates complaints about the competence of an LBP, but not contractual/commercial disputes.