Some disputes are easier to resolve when an experienced neutral becomes involved before the dispute becomes an arbitration or lawsuit.
What Benjamen Franklin said in 1735 about fire prevention in Boston is true in today’s business world:
“An ounce of prevention is worth a pound of cure.”
EXPERIENCE AND KNOWLEDGE MATTER.
PRACTICAL. PREPARED. NEUTRAL.
Heading off a problem is almost always cheaper than allowing a problem to develop.
Candace Love Windel serves as a project neutral for complex construction, infrastructure, development, and public-agency projects. Her role can be tailored to the needs of the particular project and may include helping identify and address emerging issues, facilitating communication among project participants, assisting with disputes as they arise, or providing an independent perspective on issues that could otherwise escalate.
Ms. Windel’s qualifications as a project neutral arise from experience that is unusually broad for a dispute-resolution professional. She has more than 25 years of legal experience and has worked on both sides of the public/private divide. As Deputy Executive Administrator of the Texas Water Development Board, she was involved in loan programs, underwriting, project approval, engineering review, and construction oversight for major water and wastewater projects. She has also owned and managed a water and wastewater construction company.
As a result, Ms. Windel understands that successful projects depend upon more than contract language. Financing, procurement, design, engineering, construction, scheduling, performance, communication, and the relationships among project participants can all affect the ultimate outcome.
A project neutral can provide an independent resource when issues arise between owners, contractors, designers, governmental entities, developers, lenders, or other participants. Early attention to those issues can sometimes prevent a disagreement from becoming a formal dispute.
Depending upon the needs of the project, a project neutral may:
* HELP IDENTIFY EMERGING PROBLEMS
* FACILITATE PROJECT PARTICIPANT DISCUSSIONS
* ASSIST WITH CONTRACT/PERFORMANCE ISSUES
* HELP EVALUATE & RESOLVE COMPETING POSITIONS BEFORE A DISPUTE ESCALATES
* PROVIDE AN INDEPENDENT PERSPECTIVE ON PROJECT ISSUES
* FACILITATE RESOLUTION OF DISCRETE DISPUTES ON PROJECT ISSUES
* HELP PRESERVE WORKING RELATIONSHIPS
* SERVE IN A STANDING OR AS-NEEDED NEUTRAL CAPACITY
Ms. Windel’s role is tailored to the project and agreed upon in advance with the parties. She can serve in person, remotely, or through a hybrid arrangement, making the project-neutral process practical for both local and geographically dispersed projects.
Her objective is straightforward: help identify problems early, address them fairly, and keep the project moving whenever possible.Her objective is straightforward: help identify problems early, address them fairly, and keep the project moving whenever possible.
If a project is past what a Project Neutral can provide
Ms. Windel can help find a clear path to resolution by other avenues.
FAQs
What is your process working as a Project Neutral?
A Neutral never steps in to control, only to observe, offer, and facilitate. But never shrinks when it’s time to speak up. The advantage of having a Neutral at the table is that an independent and knowledgable pair of ears and eyes can often spot bumps in the road before the ride gets bumpy. A Project Neutral helps insure a clear head is available to speak all the languages at the table so there is less prospect of snags or derailment.
What kinds of project most benefit from a Project Neutral?
In general, the more seats at the table, more different perspectives in the mix, and the more complex the potential issues, the more valuable a Project Neutral is.
Does a Project Neutral have to be in-person at meetings or does remote presence work?
They key is that the Neutral must have the same presence as the parties and decision-makers. To be effective, the Neutral must be at the table in order to fully observe or step into a meaningful role when circumstances call for it, whether that table is virtual or in-person wooden. If remote works for all, remote works for the Neutral. If in-person is demanded, then key in-person presence of the Neutral must be factored into the equation for the Neutral to provide benefit to the project.
Is it wise to have more than one Project Neutral?
Rational minds may disagree on this, but Ms. Windel’s position is no. Anytime there is more than one neutral in a project, there is a tendency for the interchange to devolve into “my Neutral vs your Neutral,” which undermines the entire purpose of a Project Neutral. The key is that the single Project Neutral who is hired is knowledgable about the industry, is a skilled communicator, and is truly a neutral party who is skilled at maintaining neutrality throughout the life of the project.