Bryan Hill, AECforensics.com interviews LiMa Solutions Part 3
Changing Roles, Changing the Paradigm
In the third part of Bryan Hill’s Interview with Ed Martinet and Paul Viau of LiMa Solutions, Inc.,the value-Engineered Alternative Dispute Resolution process was examined. The main focus of this part of the interview is the way the process shifts certain roles, and represents changes to distinct concepts, or paradigms, within the construction dispute resolution process.
From the article:
‘Changing Roles: Litigants as Stakeholders
In the LiMa Solutions process, the adversaries are addressed as stakeholders. The word stakeholder is defined as “a person with an interest or concern in something.” The parties in a construction dispute certainly have interest or concern in the final outcome or resolution. According to the VE-ADR approach, Martinet states, “They’re not litigants. They’re stakeholders. They have to have a sense that they have a stake in the outcome.”
Changing Roles: The Neutral Expert Team
- The expert must have integrity and a proven track record of providing reputable opinions in their particular area of expertise. The expert may not be well-liked, but they must be well-respected, Martinet said.
- The stakeholders must reach a consensus about the selection of the NET.
Changing the Paradigm
Perhaps the most important concept that Martinet and Viau are promoting is to establish consensus among stakeholders at the beginning of the dispute, rather than at the end.
Martinet stated:
“The thing the parties need to realize is we’re talking about equitable resolution, not legal resolution. Legal resolution is when the developer’s attorney runs up a huge tab and they turn to the subs and say, ‘You’re paying for it, because I have AI’s [additional insured] with you – I have contractual indemnity. You’re going to pay for it out the nose.’
We’re talking equitable resolution. What’s fair?”’
