Can I Use Neutral Collaborative Claim Analysis in my Construction Contract?
Yes. Among the many unique features of Proactive Neutral Collaborative Claim Analysis is that it can be specified in a contract, or even used when Neutral CCA™ is not the specified claim resolution process.
Because Neutral CCA™ is truly a business solution, many Executive leaders, CFOs and In-House Legal Counsel use it in parallel with other contractual dispute resolution processes to maximize the chance of resolution.
CAN I USE NEUTRAL COLLABORATIVE CLAIM ANALYSIS DURING CONSTRUCTION LITIGATION?
Yes, and you should. Construction claim litigation is expensive, emotionally draining and a distraction from the things a business does best. That said, if you are in the litigation process to resolve a construction dispute, Proactive Neutral Collaborative Claim Analysis can be used, and can stop the pain of litigation.
In fact, litigation can be put on hold at any time when all parties consent, and most judges prefer the use of any alternative to tying up their courtroom.
HOW NEUTRAL CONSTRUCTION CLAIM ANALYSIS DIFFERS FROM TYPICAL CONSTRUCTION MEDIATION?
There are several ways that Proactive Neutral Collaborative Claim Analysis differs from typical construction mediation.
Mediation is typically a one-day process, where mediators are trained to find a resolution that all parties can live with. Of course, the time and cost leading up to mediation for all parties to collect their data, align their perspectives, support their counsel, involve their experts and jockey for legal positioning can be extraordinary.
In comparison, Neutral CCA™ is a more inclusive and exhaustive process that provides clarity for all parties in 90 days or less. Because construction claims are too complex to be fairly evaluated in one day, Neutral Collaborative Claim Analysis provides a scientific basis for negotiation – a key difference that makes Neutral CCA™ an excellent supplement to mediation.
What do I do if my adversary does not want to move to the Neutral CCA™ process?
If your adversary does not agree to discuss Neutral CCA™, you may not be speaking with the right person. We find that individuals emotionally tied to the project often struggle with the neutral concept. However, Executive management, In-House Counsel and CFOs are often excited about an opportunity to use this business solution to minimize risk.
What size claim is Neutral CCA™ best suited for?
Our analysis of past engagements shows that Neutral CCA™ is highly effective in construction claims ranging from $500,000 to $50 million.
Is Neutral CCA™ binding or non-binding?
Neutral CCA™ can be either, depending on the needs of the parties involved.
Can my current claim consultant do this work?
Typically, no. Neutrality is the critical element of Neutral CCA™, and any perceived lack of neutrality causes the process to fail.