Alternative Dispute Resolution (ADR) Services
Expert Mediation and Independent Expert Determination by EVRA Consulting
In today’s dynamic construction and engineering environments, disputes are often complex, technically nuanced, and commercially sensitive. EVRA Consulting delivers high-caliber Alternative Dispute Resolution (ADR) services designed to resolve these disputes with speed, discretion, and technical integrity. Through our appointment as mediators or independent experts, we offer clients an effective alternative to litigation or arbitration—preserving business relationships while achieving fair, informed outcomes.
Our Mission: Resolving Complexity with Clarity
At EVRA Consulting, we recognise that dispute resolution in construction and engineering requires not only procedural acumen but also deep sectoral insight. Our consultants possess decades of combined experience in project delivery, contract management, and dispute resolution, enabling us to address issues from both a legal and technical perspective.
We are frequently appointed in disputes involving:
Contractual breaches, non-performance, and terminations
Delay and disruption claims
Variations and change orders
Defects and quality issues
Valuation of works and quantum disputes
Professional negligence allegations
Interpretation of technical standards and specifications
Mediation Services
Facilitating Collaborative, Confidential Resolutions
Mediation offers parties a voluntary, structured forum to resolve disputes with the assistance of a neutral third-party mediator. EVRA Consulting’s mediation services are particularly valuable where maintaining commercial relationships, minimizing reputational damage, and controlling legal spend are priorities.
Our Mediation Process
Pre-Mediation Consultation and Agreement Formation
We work with legal counsel and the disputing parties to define the mediation protocol, confidentiality undertakings, and authority levels.
Detailed briefings are prepared to ensure the mediator is fully apprised of project context, contract terms, and points of contention.
Structured Mediation Sessions
We conduct joint and private caucus sessions to facilitate open dialogue and identify common ground.
Our mediators employ proven negotiation strategies, including reality-testing and option generation, to help parties explore settlement pathways.
Resolution and Settlement Formalisation
Where a resolution is achieved, we assist in documenting the settlement agreement, ensuring clarity and enforceability.
Why Choose EVRA for Mediation?
Sector-specific mediators with legal and engineering credentials
A balanced, impartial approach grounded in commercial practicality
Extensive experience with major infrastructure, commercial, and industrial projects
Proven ability to handle multi-party and cross-jurisdictional disputes
Independent Expert Determination
Delivering Technical Judgments with Authority and Neutrality
Where a dispute centres on a technical question—such as whether a structure conforms to design specifications or whether delays were caused by unforeseeable conditions—an independent expert determination can provide a definitive answer. This process is particularly suitable where parties seek a binding (or advisory) resolution without the cost and formality of litigation.
Scope of Expert Determination Services
Delay Analysis: Forensic examination of programme impacts, critical path delays, and concurrency.
Quantum Assessment: Valuation of variations, loss and expense claims, prolongation costs, and final account reconciliations.
Design Compliance and Engineering Standards: Technical assessments of whether works meet contractual or statutory specifications.
Defect Evaluation: Independent review of the cause, extent, and rectification of defective work.
Contractual Interpretation in Technical Contexts: Bridging legal language and engineering application.
Our Determination Methodology
Document Review: Detailed analysis of contracts, correspondence, site records, drawings, and relevant technical data.
Independent Inspection (if required): On-site assessments or virtual walkthroughs to establish physical facts.
Structured Technical Opinion: A clearly reasoned, fully supported report or letter of determination, which may be binding or non-binding based on the parties’ agreement.
Benefits of Appointing EVRA as Independent Experts
Impartiality assured through strict conflict-of-interest policies
Reports prepared to evidentiary standards, often relied upon in adjudication or court
Robust understanding of contract mechanisms such as NEC, JCT, FIDIC, and bespoke forms
Ability to deliver determinations under tight project or contractual deadlines
Professional Integrity and Discretion
All ADR services delivered by EVRA Consulting are governed by:
The Civil Mediation Council (CMC) and Chartered Institute of Arbitrators (CIArb) codes of conduct
Recognised procedural frameworks, such as those set out in the Technology and Construction Court (TCC) Guide and relevant institutional rules (e.g., RICS, ICC)
Comprehensive confidentiality undertakings and impartiality declarations
We handle all matters with absolute discretion, recognising the reputational and commercial sensitivities that often accompany construction disputes.
Case Experience and Sectors Served
EVRA Consulting has been appointed in ADR roles on projects including:
Major transport and infrastructure schemes (rail, road, airports)
High-rise commercial and residential developments
Energy and utilities installations (power plants, wind farms, pipelines)
Industrial and process engineering facilities (factories, data centres, pharmaceutical plants)
Our clients include:
Main contractors and specialist subcontractors
Employers and developers
Consulting engineers and architects
Legal counsel and claims consultants
Our Commitment to Excellence
At the core of our ADR practice is a commitment to:
Procedural fairness: Ensuring all parties are heard, respected, and treated equitably
Analytical rigour: Applying precise and methodical evaluation techniques
Commercial sensitivity: Prioritising practical and business-driven outcomes
Timeliness: Adhering to pre-agreed schedules, often critical in live project environments
FAQ
About EVRA Consulting’s Alternative Dispute Resolution Services
What types of disputes are suitable for mediation or expert determination?
ADR is suitable for a wide range of disputes arising on construction and engineering projects, including but not limited to:
Delay and disruption
Extension of time claims
Variations and payment disputes
Defects and design failures
Contractual interpretation
Termination and breach of contract
If a dispute involves technical complexity, commercial sensitivity, or a desire to preserve relationships, ADR is often the preferred route over formal litigation or arbitration.
How is mediation different from expert determination?
Mediation is a non-binding, voluntary process in which a neutral third party (the mediator) facilitates discussions between the parties to help them reach a mutually acceptable settlement. The mediator does not impose a decision.
Expert determination, on the other hand, involves the appointment of a neutral technical expert to make a binding or advisory decision on a specific issue (or set of issues), typically of a technical nature. The parties agree in advance whether the expert’s decision will be final and binding.
What makes EVRA Consulting uniquely qualified to deliver ADR services?
EVRA Consulting combines deep sector-specific knowledge with professional ADR training and experience. Our consultants include:
Chartered engineers with project delivery and technical expertise
Legally trained professionals familiar with contract law and dispute mechanisms
Accredited mediators and independent experts with track records in high-stakes, high-complexity matters
This multidisciplinary approach allows us to understand the issues from all relevant angles and deliver practical, balanced outcomes.
Can EVRA Consulting handle disputes involving international contracts or cross-border projects?
Yes. Our team is experienced in disputes involving international standard forms such as FIDIC, NEC, and bespoke EPC contracts. We have provided ADR services in projects across Europe, the Middle East, Asia, and Africa. We understand the jurisdictional nuances and cultural sensitivities that accompany cross-border dispute resolution.
How long does an ADR process typically take?
Mediation can often be arranged and concluded within 2 to 4 weeks, depending on the parties’ readiness and complexity of the issues.
Expert determination can range from 4 to 12 weeks, depending on the scope of the determination, document review requirements, and whether site inspections are needed.
At the outset of every appointment, EVRA Consulting proposes a clear timetable and manages the process to avoid unnecessary delay.
Are ADR decisions or settlements enforceable?
Mediation outcomes are only enforceable if the parties formalize the agreement in writing (e.g., as a settlement agreement or deed). These are enforceable under contract law.
Expert determinations are typically contractually binding, provided the contract includes an expert determination clause or the parties agree to one post-dispute. We ensure that the appointment terms clarify enforceability.
Is ADR confidential?
Yes. Confidentiality is a cornerstone of our ADR services. All discussions, documents, and settlements are treated with strict confidence and are not admissible in later proceedings unless explicitly agreed otherwise. This allows parties to negotiate openly without prejudice.
Does EVRA Consulting work with legal teams or directly with clients?
We are comfortable working directly with clients, as well as alongside legal counsel, depending on the client’s preference. In many cases, we work as part of a wider dispute resolution team, providing the technical insight that complements legal strategy.
What are the costs associated with ADR through EVRA Consulting?
Our fees are proportionate, transparent, and flexible. For mediation, we typically offer day-rate or fixed-fee packages depending on the complexity of the dispute. For expert determination, fees are based on scope and time required, with clear estimates provided in advance.
We believe in providing high-value services that help clients achieve early and effective resolution—often saving significant cost compared to formal proceedings.
How can I initiate an ADR process with EVRA Consulting?
Simply contact us via the details below. We offer an initial, no-obligation consultation to understand the nature of the dispute, the most appropriate ADR route, and the desired outcome. Following that, we will issue a formal proposal including terms of appointment and process outline.
📧 sales@evraconsulting.com
📞 +27 11 234 8410
📍 Waterfall Business Park Block 1 , Elevation Cl, Bekker Rd, Vorna Valley, Midrand, 1685
Resolve complex construction disputes swiftly and fairly with EVRA Consulting’s expert, impartial ADR services.
Contact EVRA Consulting for ADR services to resolve your construction and engineering disputes with industry-leading expertise, impartial judgment, and a commitment to swift, cost-effective outcomes that protect your commercial interests.
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