“Preventing and resolving disputes requires more than just knowing the law: acting with a forward-looking vision to anticipate conflicts, thoroughly understanding the facts of the case, building a strategic defense, solid arguments, and acting promptly. Our technical and legal approach provides clear solutions at the most critical moments of the project.”
Dispute Prevention and Resolution Mechanisms
We promote a proactive approach in dispute management, from a legal perspective, technical and contractualOur team accompanies and advises clients with a prospective look, anticipating the conflicts that each performance can generate. Our advice It is based on a detailed understanding of the events that occurred, considering the specifics of the project and the contract that regulates it. Likewise, we build a well-founded strategic case theory that supports a solid argumentation in the different MARCS in which we participate.
Strategies for the prevention and management of disputes
We design and implement comprehensive strategies oriented to anticipate, prevent and resolve disputes that may arise throughout the life cycle of a project. This proactive approach allows to identify conflict hotspots before they escalate, apply timely corrective measures and promote a culture of collaboration which strengthens contract management.
Dispute Boards or JPRD in preventive and resolution stages
We represent to our clients in mechanisms of Dispute Boards either Dispute Prevention and Resolution Boards (JPRD), both in its preventive function as decisiveWe actively participate in the strategy formulation technical, legal and contractual robust, as well as in the elaboration of the necessary documentation for the issuing consultations/opinions and decisions. Our goal is to achieve early and well-founded solutions, thus minimizing the risks of interruptions and/or stoppages in the execution of the project.
Direct negotiation and mediation tables
We advise in direct dealing processes, mediation and negotiation, including the development of transactional agreements as a result of these processes. We represent the interests of our clients with technical arguments and solidly structured legal. Our goal is to achieve sustainable solutions that avoid the escalation of the conflict towards more complex instances, preserving contractual relationships and the project objectives.
Conciliation and Expert Determination
We participated actively in conciliation processes and expert determination. In the conciliation, we promote consensual solutions, balanced and sustainable. In the expert determination, we make sure to apply a rigorous technical approach on the technical and contractual issues presented. In both mechanisms, we work with a coherent argumentative framework, we develop solution scenarios and we toast strategic support throughout the entire process.
Technical, legal or contractual expert reports
We prepare expert reports of high technical, legal or contractual quality, oriented to support the client position in contexts of highly complex disputes. Our reports not only provide clarity, specialized evidence and criteria, but they are drafted with a didactic approach which allows complex ideas to be explained in an accessible way, making it easier to understand by the parties involved or the decision-making authorities.
National and international arbitrations
We represent to our customers in arbitrations so much nationals as international, encompassing all stages of arbitration: from the initial strategy and formulation of key documents to participation in hearings, interrogations, pleadings and other procedural actions, including the enforcement or annulment of the arbitral award. Our value proposition combines specialized legal knowledge with a solid technical understanding of contracts and of the project facts, maximizing the strength of the client's position.
Specialized technical assistance in alternative dispute resolution mechanisms (ADRs)
We provide specialized technical support required by the parties within alternative dispute resolution mechanisms (ADRs). Among the services offered include:
- Forensic analysis of schedules
- Damage and cost overrun estimates
- Reconstruction of critical facts of the project
- Analysis of breaches of contract
- Interrogation of experts
- Preparation of visual evidence, among others.
Through this support, we promote agile and well-supported solutions for our clients' defense, increasing their chances of success in the process.
Negotiation processes within an arbitration
We undertake the technical and legal management of negotiation processes that the parties decide to initiate within an ongoing arbitration when they identify an opportunity to reach an agreement before continuing with the procedure. In these scenarios, We act as strategic facilitators, providing objective criteria and consistent for build transactional agreements that put an end to arbitration.
