Dispute Avoidance & Resolution
Approach
Avoiding a dispute in the first place is always the best place to start. We have considerable experience in acting in the role of Independent Adviser/Partnering Adviser working on the collaborative contracts published by the Association of Consultant Architects (ACA), being PPC2000, TPC2005, TAC-1 and FAC-1. We have also undertaken this role on traditional JCT contracts.
As is set out in the image above, it is always best to keep the decision making of a dispute, with the parties to the dispute. This is why we would always advocate the use of negotiation or mediation. Neil Thody is an accredited mediator with both RICS and CEDR and is also a registered Associate Member of the Civil Mediation Council.
Where a dispute may require independent intervention and the parties themselves do not want to actively engage, then we offer adjudication with both Neil Thody and Dave Wenlock qualified to provide this service. We also actively work with a range of litigation lawyers and can act in the role of “Surveyor Advocate” in putting a claim together ahead of litigation action.
How we do it
We will firstly assess the details of any potential dispute with a party and consider the most appropriate form of ADR. In some cases, matters are outside of our control if a matter is referred straight to adjudication under the Housing Grants, Construction and Regeneration Act 1996. Where the parties are engaged and willing to talk, then we would advocate the more consensual approach. Mediation is much cheaper and very much focuses on a future state where the parties may continue to work together either on the project they are working on, or something else in the future. It’s all about mending and then building the relationship.
For other forms of ADR, we are bound by certain rules which, as qualified dispute resolvers we adhere to. We will make things very clear on instruction and outline the process to you in detail so that the journey is as painless as possible.
It is always our intention to help the parties resolve a dispute and move forward in the most commercial way possible.
Getting you there safely
Being in a dispute is one of life’s more stressful things, whether this is personal or in business. In fact, both divorce and marriage are in the top 10 of the most stressful life events. Business relationships are no different. It can be stressful being in it (marriage) and it can be stressful when it breaks down (divorce). Our approach is very much based on mitigating the fall-out of the breakdown in the relationship which has caused the dispute. In some cases, this may mean a mended relationship that goes on to become stronger. In other cases, it may mean the end of the relationship, but it doesn’t need to be painful. We will counsel the parties and work out the best solution to put the parties back in the best position they could hope for. The consensual approach, using techniques such as mediation, will invariably involve compromise and we will work with the parties to focus on commercial outcomes.
Where relationships have broken down irretrievably, then we will work the party(ies) to mitigate the risk and cost of the dispute by recommending the most cost effective means of ADR.