Arbitration is a formal, private and binding process where disputes are resolved by a final award made by one or more independent arbitrators. The process of arbitration is a faster, simpler and less expensive alternative to litigation. The parties involved in a dispute must consent to arbitration and the arbitrator(s) to be used must be agreed by the parties or nominated by an independent body.
I undertook a Masters in Construction Law and Arbitration in at Kings College London.
In 1994 I qualified as a Fellow of the Chartered Institute of Arbitrators and became a Chartered Arbitrator of the Chartered Institute of Arbitrators in 1999.
The Chartered Institute of Arbitrators is the leading body managing arbitration in the UK.
In 2014 I undertook the Chartered Institute of Arbitrators Diploma in International Commercial Arbitration.
I am willing to undertake domestic and international arbitrations including for ad hoc and institutional appointments.
I am a listed arbitrator with the LCIA (London Court of International Arbitration), ICCA the International Council for Commercial Arbitration and the ICC in Paris.
I am a member of the Presidential Panel of Arbitrators at the Chartered Institute of Arbitrators.
I am listed with CEDR as an Arbitrator https://www.cedr.com/solve/arbitrators/
Statutory adjudication was introduced by the Housing Grants, Construction and Regeneration Act 1996 and this Act has been an important part of the law affecting the construction industry since it came into force on 1 May 1998.
It is a quick and cost effective way of resolving disputes in the construction industry, whereby an adjudicator is appointed to decide the issues decides the issue between the parties. The adjudicator’s decision is binding and enforceable unless and until it is overturned by a higher authority such as an arbitrator or the courts.
Part 8 of the Local Democracy, Economic Development and Construction Act substantially amends the Construction Act. It affects all "construction contracts" in England, Wales and Scotland. The amendments to the Construction Act are in force in relation to construction contracts entered into on or after 1 October 2011 in England and Wales, and 1 November 2011 in Scotland.
I am a member of the Presidential Panel of Construction Adjudicators at the Chartered Institute of Arbitrators.
I am listed with the CIC (Construction Industry Council)
I am listed with CEDR as a Construction Adjudicator https://www.cedr.com/solve/adjudicators/
There are three main types of dispute boards, namely: Dispute Review Boards, (DRB’s), Dispute Adjudication Boards, (DAB’s) and Combined Dispute Boards.
ICC Dispute Boards are independent bodies designed to help resolve disputes when they arise during the performance of a contract. Dispute Boards are normally set up at the beginning of the contract and remain in existence for its duration, from beginning to end. DBs resolve disagreements that may arise in the course of the contract and make recommendations or decisions for disputes referred to it by any of the parties.
Dispute Adjudication Boards (DAB’s) were introduced into Clause 20 of the FIDIC (Fédération Internationale des Ingénieurs Conseils) forms of contract in 1999 and are used as an intermediary step to try and resolve the dispute, before, and in an attempt to avoid, entering into arbitration or court proceedings. The DABs decision has a binding effect on the parties, unless or until it is revised by amicable settlement or arbitral award.
The standard FIDIC terms require that the board is constituted of one or three members.
Bernadette will accept appointments as a Board member on either an ‘Ad Hoc’ or a Standing basis.
I am a member of Dispute Boards MENA.Dispute Boards MENA
Mediation is a form of ADR (Alternative Dispute Mediation)
The mediator helps facilitate a resolution between two parties in dispute.
Mediation is a "party-centered" process in that it is mediator uses a wide variety of techniques to guide the process in a constructive direction.
• Party centred and focuses primarily upon the needs, rights, and interests of the parties;
• Choose their own Mediator;
• Choose when and where they mediate;
• Choose what they mediate about;
• Devise their own solution;
• Will attend in good faith; and will be required to declare to each other that they are attending in good faith;
• The parties are only bound by the outcome if it is recorded in writing.
The Facilitative Mediator:
• Is a Third Party Neutral (TPN);
• Acts as a facilitator and intermediary;
• Will not tell the parties what to do but will facilitate a negotiation;
• Helps you find your own solution;
• Will not give opinions on the merits of the case;
• Will not give views on settlement proposals
• Will not suggest solutions for settlements.
Mediation has been traditionally conducted face -to face with a live mediator between the parties.
Now with requirement for social distancing, mediations are being conducted on line either by telephone or video conferencing with the use of ZOOM, or MODRON.
Bernadette Barker is a Hunt ADR accredited Civil and Commercial Mediator and On Line Mediator.