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Philip Crump 1301 Luisa Street, Suite
E • Santa Fe, New Mexico 87505 [Map] (505) 989-8558 • Contact
me by email! Since 1992, serving
Santa Fe, Taos, Las Vegas, Albuquerque, Ratón, |
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About
Commercial And Construction Mediation Clarify goals or
resolve disputes in an atmosphere of mutual respect People doing business together—in a construction project or a commercial venture—have
entered into some form of contract. The contract may be a simple verbal
agreement sealed with a handshake—or a complex legal document. In either case,
disputes may arise concerning the process or goal of the contract. Mediation
provides an opportunity for a safe conversation to renew the agreements and
the underlying relationships. Likewise, people creating and sustaining a business
together—as partners or owners and managers—sometimes find their
expectations, interests or actions in dispute. Mediation provides the
informal and confidential venue for people to discuss and resolve their
differences. My own background includes
extensive experience in the construction industry (both residential and
commercial), starting in 1973. While my focus was primarily with
metal—prefinished roofing and architectural facings as well as with
structural steel, I was involved with almost all aspects of the construction
process. Dare I say that answering
the phone for a roofing contractor on a rainy day is great on-the-job
training for a mediator? And lest homeowners think I’ll always side with
contractors...let me point out that I am a homeowner as well. DISPUTE RESOLUTION in business or construction comes in a number of forms. There
is, of course, mediation—the
parties make the decisions themselves
with the assistance of a mediator. Question: Do you want to have control over
the decisions or do you want a stranger deciding things that will impact you? Then there’s arbitration, in which the parties
present information to the arbitrator, who then makes a decision based on the
facts as viewed by someone with expertise. (In addition to the services that
I am able to provide, I am affiliated with a group that provides a large
array of services, according to the needs of the participants. Check out the
website for Construction Dispute
Resolution Services.) PARTNERING is a process in which the people
involved in a project (usually but not always in construction) come together
prior to start of the project to determine the common goals, the individual
responsibilities of the players and the communication paths which will
facilitate problem-prevention during the course of the project. The Army
Corps of Engineers, which really developed and refined the process, has found
it to be very effective in reducing the costs (time and money) of
disputes—leading to better finished projects that tend to come in on time and
on budget. Read more in the Partnering Article indicated below,
based on the experience of the US Army Corps of Engineers. Partnering can be
a valuable tool to prevent disputes and keep a project on task and on time. My own lengthy construction
background leads me to see in Partnering a natural extension of the
traditional—but underutilized—precon and weekly jobsite meetings; Partnering
more explicitly builds on personal communication for problem-solving and
conflict prevention. My experience gives me the
ability to communicate clearly with field workers and professionals alike. In
addition to facilitation for developing a Partnering Charter, my professional
services include ongoing mediation or consultation to support Charter goals
during the project. My approach is to provide the highest quality assistance
in ways that best serve all Partnering Team members-not forcing them
into any one-size-fits-all model. I'd love to discuss this with you! Contact
me for free consultation! OTHER RESOURCES are
available to assist business owners and contractors become more effective.
Dispute resolution can resolve a certain range of issues. For
developing a business-whether a startup or an established but ineffective
concern—I refer clients to the discovery and development process guided by
longtime Santa Fe colleague Craig DeForest, Craig is Managing Director of the
Podolny Group. Visit their website to learn more: www.podolny.com. Please contact me
for a Free Consultation!
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