An ‘Independent Neutral’:

• Is appointed, often by party agreement, to decide a dispute (e.g. statutory adjudication or arbitration, or expert determination), or to assist the parties to settle their dispute (e.g. mediation).
• Must be and remain independent of all parties, and treat all parties even-handedly.
• Will not advise the parties, upon the choice of dispute resolution process or otherwise—parties are encouraged to seek independent legal or other professional advice.
• Must not have any undeclared conflict of interest, or interest in the outcome of the dispute.

Conflict of interest

Any matters, such as previous relationships with a party, that create a perception of conflict of interest will be disclosed to the parties. In order to ensure transparency any correspondence with one party will be copied to all other parties.

Independent Neutral Services

Peter Degerholm acts as ADR practitioner in the following dispute resolution processes:

• Adjudication under the Construction Contracts Act 2002
• Mediation for a wide range of disputes including construction and commercial
• Arbitration (Arbitration Act 1996)
• Dispute Resolution Board
• Expert Determination (including NZS 3915)

Each ADR process allows the parties a degree of choice over the process to be used having regard to time, cost and other factors; the person acting as ADR practitioner; and the manner in which the process is to be conducted.

Peter Degerholm

Reg QS FAMINZ(Arb) FNZIQS GDipBusStud(Disp Res)

Peter Degerholm is a qualified alternative dispute resolution (ADR) practitioner with over 35 years experience in quantity surveying and management in the New Zealand building industry. He is a Registered Quantity Surveyor, Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand and the New Zealand Institute of Quantity Surveyors, and a member of Society of Construction Law New Zealand and Dispute Resolution Board Australasia.

Peter is well known throughout New Zealand in construction dispute resolution as an ADR practitioner specialising in adjudication under the Construction Contracts Act, mediation and arbitration. He also provides advisory, expert, advocacy and consultancy services to owners, contractors and subcontractors on commercial, industrial, infrastructure and residential projects, focusing on disputes and dispute prevention.

Peter’s background includes extensive practical experience in specialist contracting and professional QS firms. This allows him to appreciate the complex contractual, legal, technical, financial, performance and quality issues that underlie disputes from all perspectives including client, consultant, contractor and subcontractor.

As a consultant and provider of professional services Peter encourages his clients to identify and address potential issues and differences constructively, before they become intractable disputes. He provides strategic advice and support services in documenting, tendering, negotiating and settling contracts, and intervention as appropriate when conflict arises.