Dispute resolution
Mediation • Arbitration • Expert determination • Adjudication
Calm and trusted.
Adam Rosser practises as a mediator, arbitrator, expert determiner and adjudicator in Australian commercial disputes.
Adam developed particular experience from over 25 years of legal practice serving the construction, technology, and engineering industries. Adam was formerly a partner in a successful boutique commercial law firm, conducting and resolving commercial disputes Australia-wide. In that context, he has managed arbitrations, as well as substantial litigation in the Federal Court and the Supreme Courts of most Australian jurisdictions. He has appeared as counsel in trials and appeals, and has instructed some of Australia’s leading senior counsel.
Adam is known for his work on construction disputes, particularly those involving large projects and complex issues of delay analysis and quantification of loss. In addition, he has a deep understanding of technology and engineering, and significant experience in disputes involving insurance issues and insured parties.
Adam works as a mediator, conciliator and arbitrator on appointments from the Master Builders Association, as a conciliator for the Housing Industry Association, and as a panel mediator within the South Australian court system and for the South Australian Small Business Commissioner. He is a director of the Australian Mediator and Dispute Resolution Standards Board (AMDRAS) and Fellow of the Chartered Institute of Arbitrators (FCIArb).
Adam accepts party appointments as a mediator (or facilitator), arbitrator, and expert determiner in any commercial dispute. He accepts appointments across Australia from his base at Forty Carrington Resolution Centre, Adelaide.
Areas of expertise.
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Builders, civil contractors and engineers are the lifeblood of our economy and the people to whom governments turn whenever that economy needs a boost.
Adam understands the legal and technical issues of the industry, from contract drafting and tender submissions, through to dispute notification and resolution. In his former practice, he acted for small, medium and large contractors in disputes against principals or insurers, as well as for principals and insurers defending claims by contractors. He has seen both sides.
Adam has a particular interest in disputes around civil construction and major infrastructure projects.
Adam is available to be appointed to resolve all types of construction and engineering legal issues for owners, developers, contractors and consultants.
Adam is also qualified as an adjudicator for disputes under the security of payment legislation in several states.
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Technology and innovation should be encouraged and protected, but the law can be complex and confusing. This is an area for those with specific experience.
Adam advised parties on web, software and technology disputes for many years before taking up his current practice. Adam has conducted patent and trade mark disputes in hearings before IP Australia and in the Federal Court.
Adam has a tertiary qualification in architecture, and has regularly presented to professional bodies on topics related to IP protection.
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Commercial life comes with a hefty dose of commercial risk.
Commercial risks are managed by allocating the risk to others better able to deal with it, and insuring against the risks that can’t be avoided. But insurance policies are just contracts, and need to be considered according to their own terms.
In his former practice Adam conducted matters for insurers under both panel and off-panel arrangements. He understands how insurers approach matters. He also has experience acting for insured parties pursuing indemnity when insurers have refused.
Adam is one of relatively few commercial mediators with specific experience in insurance litigation.
Services.
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Statistically, the vast majority of disputes settle before a trial or hearing. Mediation is often the best chance to achieve that before too much time and money has been lost.
Adam is a nationally accredited mediator (AMDRAS). He is also a panel mediator/conciliator for Master Builders Association (MBA) and Housing Industry Association (HIA), as a panel mediator in the South Australian court system, and as a panel mediator for the South Australian Small Business Commissioner.
Adam regularly accepts party appointments as mediator for a wide variety of commercial disputes, not limited to his principal areas of expertise. His usual practice is to engage with parties (and their lawyers, if necessary) in a preliminary meeting to ensure that they are prepared to get the most out of formal mediation.
In addition, Adam accepts appointments as a facilitator of compulsory pre-action meetings under the South Australian Uniform Civil Rules.
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For parties, mediation is often a new and confronting experience. Even for many lawyers, it is not something they often experience.
Experience is valuable in preparing for mediation. With knowledge of the process and how to help the mediator, parties can improve the likelihood of success. Adam can provide specialist consulting services for parties and lawyers to prepare for the stress of mediation.
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Arbitration offers a practical option for parties to resolve disputes in a way that can be quicker, cheaper and more flexible than litigation in court. Achieving that positive outcome depends on the procedures the parties agree and on the choice of an arbitrator who has the particular experience to deal with the complexities of each dispute.
Adam is qualified as an arbitrator by Resolution Institute, and is a Fellow of the Chartered Institute of Arbitrators (FCIArb). Adam is also a panel arbitrator with Master Builders Association SA.
Adam accepts party-appointments as arbitrator in commercial disputes.
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Expert determination is a popular option in modern commercial contracts as a way to resolve commercial disputes quickly and with minimal formality.
Adam is a qualified expert determiner with Resolution Institute.
Adam accepts party appointments as an expert determiner within his areas of expertise.
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Adam has substantial experience engaging and dealing with expert witnesses in technical fields. Given the trend in litigation and arbitration for expert witness conclaves in the absence of lawyer representatives, parties find it helpful to appoint an independent facilitator to ensure that the discussions and joint reports meet the expectations of the court/tribunal. Adam accepts appointments as a facilitator for expert witness conclaves. His skills in technical litigation and mediation/facilitation allow Adam to keep experts on track and produce high-quality joint reports.
Please contact Adam to discuss a fee structure appropriate to the matter.
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Each Australian state has its own regime of adjudication for ‘security of payment’.
Adam is a qualified adjudicator in South Australia, New South Wales, Victoria and Queensland. Adjudicator appointments are controlled by nominating bodies, so party-appointments are not possible.
Get in touch.
hello@adamrosser.com.au
+61 407 720 701 (business hours)
40 CRC,
Forty Carrington Resolution Centre
40 Carrington Street
Adelaide, South Australia 5000
PO Box 90
Dernancourt, South Australia 5075