Resolving Project Disputes through “ Out-of Court” Dispute Resolution

1. Resolving Project Disputes through “Out-of Court” Dispute Resolution • An Application of: • Trinidad and Tobago’s Court-Annexed Mediation Pilot Project • & The UFF Recommendations

2. UFF Recommendation #19 Efficient dispute resolution services should be developed through existing Trinidad & Tobago Institutions, making full use of available overseas and international expertise…. Consideration should be given to establishing a bodyto promote the use of mediation in the context of litigation involving both the legal profession and the judiciary. ” “ PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

3. Is there such an Institution in Trinidad and Tobago PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

4. YES! PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

5. The Dispute Resolution Centre Trinidad and Tobago PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

6. About The Dispute Resolution Centre (DRC) • This year the DRC celebrates its 15th Anniversary! • Conceptualised by the Trinidad and Tobago Chamber of Industry & Commerce to provide professional, affordable dispute resolution services • Established to complement the new Civil Procedure Rules which encourages easier access to justice via ADR • Launched by then Hon. Chief Justice, Michael de la Bastide to serve both the business and legal communities PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

7. The Dispute Resolution Centre Vision To be the Provider of Choice for Dispute Resolution Services based on the Highest Standards of Integrity, Trust & Service Excellence PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

8. The Dispute Resolution Centre Clients • Construction, Energy • Project Managers • Banking, Finance, Insurance • Corporate, Commercial • Sporting Bodies and Associations • Security, Schools, Educators • Families, Private Citizens PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

9. The Dispute Resolution Centre Expertise • Family and Land Disputes • Contract Disputes for Goods and Services • Tenancy Issues • Debt Recovery • Mortgage Actions and Running Down • Wills and Estate Conflicts • Medical Negligence • Personal Injury • Intellectual Property • Libel PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

10. The Dispute Resolution Centre Links with ICC The DRC’s representative on the ICC’s International Court of Arbitration: Former Acting Chief Justice the Honourable Mr. Roger Hamel-Smith PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

11. The Dispute Resolution Centre Roster PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

12. The Dispute Resolution Centre Specialized Roster PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

13. Court-Annexed Mediation Pilot Project PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

14. Facts on Court-Annexed Mediation Pilot Project • Joint Initiative of DRC & Judiciary of T&T • March to September 2010 • 60 High Court Civil Matters • 11 High Court Judges • Specialized Roster • Cost Shared Equally by Parties • Port of Spain, San Fernando, Tobago • 300 Participants – Attorneys/Litigants • Project Independently Evaluated • Formal Report Submitted to CJ Ivor Archie PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

15. Facts on Court-Annexed Mediation Pilot Project PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

16. Findings on Court-Annexed Mediation Pilot Project PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

17. Feedback on Court-Annexed Mediation Pilot Project PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

18. Feedback on Court-Annexed Mediation Pilot Project Very Good/ Excellent Adequate PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

19. Feedback on Court-Annexed Mediation Pilot Project Very Good/ Excellent Adequate PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

20. Feedback on Court-Annexed Mediation Pilot Project The Case Administration, Scheduling, and Confirmation Process was Efficient and Effective The DRC Staff were Knowledgeable, Responsive, Courteous and Thorough The Conference Room Facilities and Amenities were Comfortable and Convenient The Mediation Session was Scheduled Promptly and at a Convenient Time PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

21. What does the DRC offer? • Independent, neutral third-party administration • Effective dispute resolution system in place • Over 15 years facilitating mediations/arbitrations • Compliance with local and international standards PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

22. What does the DRC offer? • Capacity to mediate/arbitrate simple, two-party cases or complex multi-party matters – local or international • Panel of experienced, qualified mediators and arbitrators from all areas of law and industry • Continuous training/screening/selection of mediators and arbitrators • Team of experienced, professional administrative staff including recording services for arbitrations PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

23. What does the DRC offer? • The opportunity to use a confidential negotiation process in suitable meeting and breakout rooms, easy parking etc • Good networking capacity with TT Chamber and other international institutions to source mediators or arbitrators in specialised fields • Flexibility with scale of fees based on the amount in dispute • Standardized forms and agreements PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

24. Process to Request Mediation or Arbitration Disputant contacts DRC and requests Mediation services Request for Mediation Form sent to parties Parties return completed Forms to DRC DRC reviews forms, Contacts Mediator, Dispatches quote and agreement form DRC arranges Mediation session, facilities, catering etc Invoices parties Matter Resolved and Agreement signed by parties or Mediation Terminated or Follow-up session scheduled Continuous Improvement & Quality Assurance DRC compiles Feedback and Statistics and reports to DRC Board or Client . Client Evaluations are sought in respect to DRC services. PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

25. What is Alternative Dispute Resolution? Alternative Dispute Resolution or ADR is widely used and accepted in the construction and project management sectors as effective ways to promptly reach practical solutions to a range of claims and disputes that are a reality on every construction project. PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

26. Benefits of Alternative Dispute Resolution • Save time, money and preserve relationships • Encourage full expression of information and emotion • Explore bases for agreement and the consequences of not reaching a resolution • Memorialize the parties’ agreement in a form that is useful to them • Crystallise each side’s underlying interests and concerns • Develop a cooperative, problem-solving approach • Assist parties to communicate effectively • Help generate creative, out-of-the-box options • Clarify and narrow issues PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

27. Types of Alternative Dispute Resolution PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

28. Mediation vs Arbitration vs Litigation PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

29. UFF Recommendation #22 “ The Arbitration Act of Trinidad and Tobago (No 5 of 1939) should be replaced by a modern Arbitration Act in line with current international practices. This is needed also to support the establishment of Port of Spain as an international finance centre for the Caribbean. ” PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

30. Modernization of Trinidad & Tobago Arbitration Act • Judicial involvement in the Arbitration process should be limited. • Court should have power to compel arbitration where there is a valid arbitration agreement. • Powers granted to the Court pursuant to the Act must not interfere with the process agreed by the parties. • Increase the powers of the arbitrator and reduce the powers of the Court • Framework is too basic for using arbitration as a dispute resolution mechanism on construction contracts in Trinidad and Tobago. • Too ambiguous, and could be modified to more clearly specify what grounds would constitute, for example, an award being set aside. PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

31. UFF Recommendation #23 “ There should be a specialist court available to deal expeditiously with construction disputes. ” PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

32. Formation of a Court for Construction Disputes • The use of specialised courts, such as the Technology and Construction Court allows judges to be selected based on subject matter expertise. • A construction court is similar to an arbitration in that the judge may have substantial technical expertise, if not at least substantial familiarity with appropriate legal doctrines governing construction projects. • A specialist court will also speed up trials, ensure consistency of decisions and assist in the development of the law in this important and complex area of jurisprudence. PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”

33. END PMI SCC's 6th Biennial International Project Management Conference “BRIDGING THE GAP: Strategic Thought Transformed Through Project Management”