ABSTRACT
This chapter looks at actions that may be taken prior to invoking dispute resolution mechanisms, at contractual and legal procedures when matters in dispute cannot be resolved amicably, what parties need to do if legal action is contemplated and some key pointers in the event that arbitration or court proceedings do ensue. It should be noted that expert determination is only likely to be an effective dispute resolution mechanism in relatively straightforward differences of opinion where the parties are genuinely willing to cooperate. Facilitator: the mediator is a facilitator rather than a judge so he can help the parties move away from particular issues which may have hindered resolution until now and look at the bigger picture. It is normal for witness evidence to be introduced at an arbitration concerning offshore construction contracts from an 'expert'. A witness of fact may be a specialist in his area of work and believe himself to be an expert.
