35 LAWYER MONTHLY ADR AWARDS 2023 Litigation and Mediation Expert of the Year Founder APA Property Services Limited About Dr Antino Dr Antino Ph.D., BSc (Hons), MSc, MRes, FCABE, MCIArb is the founder of APA Property Services Limited, which is a multidisciplined Chartered Building Engineering, Surveying and Dispute Resolution Practice established in 2001. Philip has 40 years of experience as a litigation expert witness and during the last 15 years or so has become passionately involved in Alternative Dispute Resolution (“ADR”). Having recognised the advantages of achieving an economical and efficient dispute resolution. His expertise as an Arbitrator, Adjudicator and indeed Mediator, having now been recognised by Lawyer Monthly and the prestigious litigation and mediation expert of the year Award. This is a significant recognition of Philip’s commitment to ADR and his reputation amongst his peers. However, to date, Philips’ greatest academic achievement is his seminal academic research in to “The Party wall etc. Act 1996” legislation which has existed since the 1800’s. In recognition Anglia Ruskin University awarded Philip the first PhD on the topic. This positions Philip at the pinnacle of The Party Wall Community. Publications - Antino, P. (2023) 2ND Ed. “A Practitioner’s Approach and Interpretation of The Party Wall etc. Act 1996” Gotham books. - Antino, P. (2014) “A Practitioner’s Approach and Interpretation of Neighbourly Matters” Xlibris Publishing - Antino, P. (2012) “A Practitioner’s Approach and Interpretation of The Party Wall etc. Act 1996” Xlibris Publishing. Areas of Expertise - The Party Wall Act. - Expert Witness Professional Negligence. - Forensic Analysis, Diagnosis and Prognosis (Building Pathology). - Adjudication, Arbitration, in Construction Disputes. - Landlord & Tenant. ADR has many facets three are briefly outlined below: Mediation is suitable for any dispute and especially well-suited to parties that have a long-term relationship that they wish to protect. It is successful because, unlike traditional dispute methods, mediation provides an opportunity for the parties to work constructively together to achieve a settlement. Mediation is confidential, away from the glare of publicity. Mediation can be adopted by the parties at any time during the dispute, although the earlier it is used the more cost effective it becomes. The Courts recognise the success of mediation and under CPR Rule 26.4 can either on its own initiative or at the request of both parties can stay the litigation for mediation purposes. Adjudication is an alternative non-building dispute resolution procedure available to commercial construction contracts requiring an approved nominating body the Chartered Institute of Arbitrators. The time span for adjudication is 28 days from crystallisation unless the parties agree to an extension. Importantly and clearly a favourable approach to controlling dispute costs is that the adjudicator does not have authority to award the parties adjudication costs apart from his/her own unless the parties agree that the adjudicator shall determine party’s costs. Arbitration is not so dissimilar to adjudication; notwithstanding the arbitrator has broad powers to resolve the dispute including the apportioning of liability for fees incurred by the parties in the arbitration process. Where arbitration is the agreed ADR the appointment of an arbitrator is not dissimilar to an adjudicator, requiring an approved nominating body the Chartered Institute of Arbitrators. The arbitrator’s decision is binding unless set aside by the courts and is more economic and quicker than the traditional litigation process. Dr Philip Antino APA Property Services Limited For initial enquiries and information please contact: nicola.pether@apaproperty.com www.apaproperty.com UNITED KINGDOM Dr Philip Antino
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