Dispute resolution

Dispute resolution is one of Master Builders core services and we can help you to manage disputes that arise in your business. Our specialised dispute services team can assist parties with various dispute management processes, namely ‘without prejudice’ conferences.

How we deal with complaints & disputes

If your client contacts Master Builders to make a complaint, Master Builders will discuss the issues with them in general.

Most disputes can be resolved without the need for a formal dispute management process, but if we think a more formal request for assistance is warranted, we will ask your client to put their concerns in writing.

Any contact that we have with your client, whether on site or at the office, will only be undertaken with you present.

If the matter cannot be resolved informally, we may invite both parties to a ‘without prejudice’ conference, where we will facilitate discussion. If money is an issue in the dispute, where possible, the disputed amounts of money may be deposited into Master Builders holding account until the matter is resolved.

Referral to a solicitor

When assisting you with a dispute, Master Builders will decide if the situation needs to be referred to a solicitor for resolution and refer you to one of our panel solicitors, who specialise in building and construction industry law.

As a member, you will receive your initial half hour consultation at no cost.

Alternative dispute resolution

The alternative dispute resolution (ADR) process can quickly and inexpensively resolve disputes; however, the parties to the dispute must perceive that the benefits of ADR outweigh any attraction offered by litigation.

It is important for you to understand that ADR is not suitable for all dispute situations and, in some cases, the courts and/or tribunals will be the only place that can resolve a dispute. It is therefore imperative that both parties receive correct advice on the selection for an ADR process that will best ‘fit’ the particular circumstances involved in the dispute.

The most common ADR process requires a neutral third party’s intervention in the resolution of the dispute.

The National Alternative Dispute Resolution Advisory Council (NADRAC) suggests processes that can be categorised and divided into:

Facilitative processes, such as mediation, conciliation, negotiation
Advisory processes, including expert appraisal, case appraisal, mini-trial
Determinative processes, for example arbitration, adjudication, expert determination.

Visit the NADRAC website for more information about ADR.