Mediation: When claims and disputes are unable to be resolved at the project level, the parties may choose a competent mediator to help facilitate a resolution. With years of construction industry experience, Ken understands the intricacies of claims and disputes and will work with the parties to reach a negotiated resolution. Ken will help the parties evaluate the merits of their claims and the available remedies, with the goal of helping the parties understand the relative strength of their positions and resolve the dispute to avoid costly litigation.
Dispute Resolution Board Panelist: Whether mandated by contract or selected as the preferred avenue of dispute resolution, an unresolved claim may be heard by a panel of neutrals in an arbitration or Dispute Resolution Board (“DRB”) proceeding. Using his experience in these types of dispute resolution forums, Ken will serve as a panelist to evaluate the merits and quantum of a dispute, and prepare an opinion summarizing the outcome of the dispute, in addition to anything else required or permitted by the parties’ agreement. Ken has completed the DRBF training.
Partnering Facilitator: Partnering is fundamental to cooperation and collaboration in an environment where even the simplest of disputes can quickly evolve into complex claims. A partnering facilitator can help the parties commence the process of resolving a disputed issue as early as possible and before it morphs into a larger issue that can plague the parties’ relationship and the project as a whole. Ken will serve as partnering facilitator to help the parties identify and understand potential disputes and attempt to work them out before having to escalate the matter further. Ken is available to serve as partnering facilitator for one-off disputes or on a regular basis so that the parties have an available, recurring forum to address disputes as they arise.
Dispute Evaluation: Complex disputes require experience to prepare, evaluate merit, and respond to opposition. Ken is available to help prepare claims, respond to asserted claims, and work toward a negotiated, mediated, arbitrated, or litigated resolution. As needed, Ken can review the contractual terms, work with the project team to understand the issues, and prepare or provide commentary to issue statements, letters, or other submissions to dispute resolution forums. Additionally, Ken will help you prepare for the presentation of your dispute, including through mock dispute panels, presentation practice, advising on likely questions, and providing advice on how to address issues that arise during the dispute resolution process.
Procurement Advisory: Sometimes the easiest method of mitigating claims and disputes is to eliminate or reduce them in the first instance, a process which starts as early as the project’s procurement process. As an experienced procurement advisor, Ken can assist with delivery method evaluation and selection, including consideration of alternative delivery methods that can reduce the risk of claims and disputes on a project. Additionally, Ken can assist with the preparation of procurement documents, including the contract documents and technical requirements for a Request for Proposals. Ken will help identify and reduce ambiguity, ensure consistency across documents, advise on risk allocation methods and dispute resolution options, and help project participants consider all other aspects of the procurement process.
Other Support: Ken is available for mediation, arbitration, and other dispute resolution forums that concern a variety of matters, including breach of contract, employment claims, premises liability, product liability, securities-related disputes, and others. Ken is well-versed in these types of actions from his years of experience as an attorney and can help the parties find a resolution to a wide range of complex issues.
Ken Beehler Dispute Resolution LLC 