Independent Neutral

For all complex projects, the early identification of disputes coupled with an effective interim resolution process, is critical if major disputes 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; in his capacity as President of AMINZ and chair of AMINZ International, he has been at the forefront of the recent adjudication and arbitration reforms. John also lead the drafting of the AMINZ Arbitration Rules. He has been listed by the National Business Review as one of NZ’s leading commercial arbitrators and mediators.

Successful procurement projects require careful consideration and a sensible approach to procurement at the outset. The most common barriers to successful outcomes are - unrealistic expectations; insufficient scoping of the work and understanding of project uncertainties; allocations of risk which fail to reflect the realities of the project; inappropriate procurement procedures and forms of contract; and failure to adopt effective dispute resolution procedures. 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, reflected in a significant reduction in disputes.

Once a project has commenced, it is inevitable that issues of disagreement will arise. How they are dealt with will have a direct impact on the success of a project. Disputes boards are primarily mandated to deal with disputes as soon as they arise, and before the positions of the parties harden and additional costs and delays become an issue. Project mediators fill a similar, though more information role. John has filled both roles and has promoted the use of both disputes boards through including them in major construction contracts and being on panels himself) and project mediation (through developing a local version of the CEDR Project Mediation Protocol) in NZ for a number of years.

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 Rules of Sourcing or simply “good hygiene” that goes with effective governance, most projects will benefit from an “independent eye”.

Copies of John’s terms of engagement for each role are available on request.