Dispute avoidance - Revision history

Editor at 19:24, 6 January 2022

2022-01-06T19:24:45Z

← Older revision		Revision as of 19:24, 6 January 2022
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	* Dispute resolution procedure.		* Dispute resolution procedure.
	* Disputes vs conflicts.		* Disputes vs conflicts.
		+	* Evaluation of claims.

	= External resources =		= External resources =

Editor at 10:07, 6 January 2022

2022-01-06T10:07:32Z

← Older revision		Revision as of 10:07, 6 January 2022
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	== Dispute boards ==		== Dispute boards ==

−	The [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ RICS Dispute Resolution Service], allows the formation of a dispute board consisting of unbiased. Members of the board assist the parties in the avoidance of disputes throughout the duration of the contract. They can also deal with disputes quickly, should they arise.	+	The [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ RICS Dispute Resolution Service], allows the formation of a dispute board consisting of unbiased individuals. Members of the board assist the parties in the avoidance of disputes throughout the duration of the contract. They can also deal with disputes quickly, should they arise.

	For more information see: Dispute resolution boards.		For more information see: Dispute resolution boards.

Designing Buildings at 07:44, 6 January 2022

2022-01-06T07:44:12Z

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	Construction disputes are generally consistent with Burton's definition. They tend to arise between two parties due to a disagreement over a specific issue or situation. Addressing the issue can include establishing responsibility for the contractual consequences associated with it and then coming up with a reasonable solution or settlement.		Construction disputes are generally consistent with Burton's definition. They tend to arise between two parties due to a disagreement over a specific issue or situation. Addressing the issue can include establishing responsibility for the contractual consequences associated with it and then coming up with a reasonable solution or settlement.
−
−	~~= Disputes vs conflicts =~~
−
−	Burton notes that disputes differ from conflicts, which are “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” In [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Analysis of conflict and change in construction projects, Construction Management and Economics] by P.D. Gardiner and J.E.L. Simmons, conflict is further defined as “any divergence of interest, objectives or priorities between individuals, groups or organisations, or non-conformance to requirements of a task, activity or process.”
−
−	Both of these definitions of conflict are consistent within the construction sector, where these issues can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.

	= Dealing with disputes =		= Dealing with disputes =
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	For more information see: Dispute resolution boards.		For more information see: Dispute resolution boards.
		+
		+	= Early warning =
		+
		+	NB The NEC Engineering and Construction Contract makes provision for early warning procedures. Both parties must give early warning of anything that may delay the works, or increase costs as soon as they become aware of them. They should then hold an early warning meeting to discuss how to avoid or mitigate impacts on the project.
		+
		+	For more information see: Early warning.

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =
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	* Conflict avoidance.		* Conflict avoidance.
	* Construction disputes.		* Construction disputes.
−	* Contract claims in construction	+	* Contract claims in construction.
	* Dispute resolution.		* Dispute resolution.
	* Dispute resolution board.		* Dispute resolution board.
	* Dispute resolution procedure.		* Dispute resolution procedure.
		+	* Disputes vs conflicts.

	= External resources =		= External resources =

Designing Buildings at 07:39, 6 January 2022

2022-01-06T07:39:21Z

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	= Introduction =		= Introduction =

−	In the 1990 book [https://books.google.co.uk/books/about/Conflict.html?id=P_gsAQAAIAAJ&redir_esc=y Conflict: Resolution and Provention], ~~the conflict resolution scholar~~ John Wear Burton refers to a dispute as “a short-term disagreement that can result in the disputants reaching some sort of resolution; it involves issues that are negotiable.”	+	In the 1990 book [https://books.google.co.uk/books/about/Conflict.html?id=P_gsAQAAIAAJ&redir_esc=y Conflict: Resolution and Provention], John Wear Burton refers to a dispute as “a short-term disagreement that can result in the disputants reaching some sort of resolution; it involves issues that are negotiable.”
		+
		+	Construction disputes are generally consistent with Burton's definition. They tend to arise between two parties due to a disagreement over a specific issue or situation. Addressing the issue can include establishing responsibility for the contractual consequences associated with it and then coming up with a reasonable solution or settlement.

	= Disputes vs conflicts =		= Disputes vs conflicts =

−	~~Construction~~ disputes are ~~generally consistent~~ with ~~Burton's definition~~. ~~They tend to arise between two parties due to a disagreement over a specific issue or situation~~. ~~Addressing the issue can include establishing responsibility for the contractual consequences associated with it~~ and ~~then coming up with~~ a ~~reasonable solution~~ or ~~settlement~~.	+	Burton notes that disputes differ from conflicts, which are “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” In [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Analysis of conflict and change in construction projects, Construction Management and Economics] by P.D. Gardiner and J.E.L. Simmons, conflict is further defined as “any divergence of interest, objectives or priorities between individuals, groups or organisations, or non-conformance to requirements of a task, activity or process.”

−	Burton notes that disputes differ from conflicts, which are “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” In [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Analysis of conflict and change in construction projects, Construction Management and Economics] by P.D. Gardiner and J.E.L. Simmons, conflict is further defined as “any divergence of interest, objectives or priorities between individuals, groups or organisations, or non-conformance to requirements of a task, activity or process.” Both of these definitions of conflict are consistent within the construction sector, where these issues can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.	+	Both of these definitions of conflict are consistent within the construction sector, where these issues can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.

	= Dealing with disputes =		= Dealing with disputes =

−	Construction contracts can generate a plethora of disputes but typically they ~~can~~ result from:	+	Construction contracts can generate a plethora of disputes but typically they result from:

−	* The contractor claiming against the client due to a change to the scope of works ~~previously agreed~~.	+	* The contractor claiming against the client due to a change in the scope of works.
	* The client claiming against the contractor for poor workmanship (defective works).		* The client claiming against the contractor for poor workmanship (defective works).
	* Claims for non-payment of fees.		* Claims for non-payment of fees.
	* Delays and cost overruns.		* Delays and cost overruns.
−	* Design deficiencies.	+	* Design deficiencies and lack of information.

	For more information see: Causes of disputes.		For more information see: Causes of disputes.
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	= Dispute avoidance rather than ADR =		= Dispute avoidance rather than ADR =

−	In certain situations, it may be possible to take specific precautionary measures to avoid ADR or formal dispute resolution ~~and bypass~~ the need for mediation, adjudication, arbitration or litigation. Proactive avoidance measures ~~may~~ include:	+	In certain situations, it may be possible to take specific precautionary measures to avoid ADR or formal dispute resolution or the need for mediation, adjudication, arbitration or litigation.
		+
		+	Proactive avoidance measures might include:

	* Drafting contracts carefully.		* Drafting contracts carefully.
	* Monitoring jobs closely.		* Monitoring jobs closely.
−	* Keeping accurate schedules.	+	* Keeping accurate schedules and records.
	* Staying informed about relevant legal issues.		* Staying informed about relevant legal issues.
	* Training management personnel adequately.		* Training management personnel adequately.
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	= Additional dispute avoidance approaches =		= Additional dispute avoidance approaches =

−	Other measures may include the adoption of dispute avoidance procedures or protocols (DAPs), the use of dispute avoidance forums or panels or the appointment of a dispute board ~~through the Royal Institution of Chartered Surveyors (RICS)~~.	+	Other measures may include the adoption of dispute avoidance procedures or protocols (DAPs), the use of dispute avoidance forums or panels or the appointment of a dispute board.

	== Dispute avoidance practices or protocols ==		== Dispute avoidance practices or protocols ==
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	== Dispute avoidance forums or panels ==		== Dispute avoidance forums or panels ==

−	This ~~method establishes the practice of involving~~ a panel of impartial (and mutually agreed upon) experts to examine issues (and potential issues) early in the process. Ideally, the forum can provide suggestions to help prevent a dispute from developing ~~before it happens.~~	+	This involves a panel of impartial (and mutually agreed upon) experts to examine issues (and potential issues) early in the process. Ideally, the forum can provide suggestions to help prevent a dispute from developing.
−		+
−	During the 2012 London Olympic and Paralympic Games, an independent dispute avoidance panel (IDAP) was established. According to PLC Dispute Resolution, Thomson Reuters, [https://uk.practicallaw.thomsonreuters.com/3-381-2603 2012 Olympics Independent Dispute Avoidance Panel], the purpose of the panel was “...to help avoid contractual disputes during the work to deliver the venues and infrastructure for the London 2012 Olympic and Paralympic Games.”	+

−	In this instance, the panel focussed on finding pragmatic solutions before potential problems could turn into disputes that might require lengthy resolution measures.	+	During the 2012 London Olympic and Paralympic Games, an independent dispute avoidance panel (IDAP) was established. According to PLC Dispute Resolution, Thomson Reuters, [https://uk.practicallaw.thomsonreuters.com/3-381-2603 2012 Olympics Independent Dispute Avoidance Panel], the purpose of the panel was “...to help avoid contractual disputes during the work to deliver the venues and infrastructure for the London 2012 Olympic and Paralympic Games.” In this instance, the panel focussed on finding pragmatic solutions before potential problems could turn into disputes that might require lengthy resolution measures.

−	== ~~RICS dispute~~ boards ==	+	== Dispute boards ==

−	~~Through the~~ [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ RICS Dispute Resolution Service], ~~it is possible to enlist unbiased experts to form~~ a dispute board. Members of the board ~~are meant to~~ assist parties in the avoidance of disputes throughout the duration of the contract. They ~~are~~ also ~~expected to~~ deal with disputes quickly, should they arise.	+	The [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ RICS Dispute Resolution Service], allows the formation of a dispute board consisting of unbiased. Members of the board assist the parties in the avoidance of disputes throughout the duration of the contract. They can also deal with disputes quickly, should they arise.

−	~~Read~~ more ~~on dispute~~ resolution boards.	+	For more information see: Dispute resolution boards.

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =

Editor at 09:46, 5 January 2022

2022-01-05T09:46:20Z

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	= Introduction =		= Introduction =

Editor at 09:39, 5 January 2022

2022-01-05T09:39:57Z

Editor at 19:30, 4 January 2022

2022-01-04T19:30:43Z

← Older revision		Revision as of 19:30, 4 January 2022
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	Construction disputes tend to arise between two parties due to a disagreement over a specific issue or situation. Addressing the issue can include establishing responsibility for the contractual consequences associated with it and then coming up with a reasonable solution or settlement.		Construction disputes tend to arise between two parties due to a disagreement over a specific issue or situation. Addressing the issue can include establishing responsibility for the contractual consequences associated with it and then coming up with a reasonable solution or settlement.

−	According to Burton, ~~a dispute differs~~ from ~~a conflict~~, which he says is “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” In [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Analysis of conflict and change in construction projects, Construction Management and Economics] by P.D. Gardiner and J.E.L. Simmons, conflict is further defined as “any divergence of interest, objectives or priorities between individuals, groups or organisations, or non-conformance to requirements of a task, activity or process.” Both of these definitions are consistent within the construction sector, where a conflict can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.	+	According to Burton, disputes differ from conflicts, which he says are “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” In [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Analysis of conflict and change in construction projects, Construction Management and Economics] by P.D. Gardiner and J.E.L. Simmons, conflict is further defined as “any divergence of interest, objectives or priorities between individuals, groups or organisations, or non-conformance to requirements of a task, activity or process.” Both of these definitions are consistent within the construction sector, where a conflict can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.

	= Dealing with disputes =		= Dealing with disputes =

Editor at 19:21, 4 January 2022

2022-01-04T19:21:45Z

← Older revision		Revision as of 19:21, 4 January 2022
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	* Alternative dispute resolution for construction ADR		* Alternative dispute resolution for construction ADR
−	* Causes of disputes.
	* Compulsory Alternative Dispute Resolution.		* Compulsory Alternative Dispute Resolution.
	* Conflict avoidance.		* Conflict avoidance.
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	* PLC Dispute Resolution, Thomson Reuters, [https://uk.practicallaw.thomsonreuters.com/3-381-2603 2012 Olympics Independent Dispute Avoidance Panel].		* PLC Dispute Resolution, Thomson Reuters, [https://uk.practicallaw.thomsonreuters.com/3-381-2603 2012 Olympics Independent Dispute Avoidance Panel].
	* Royal Institution of Chartered Surveyors, [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ Dispute Boards].		* Royal Institution of Chartered Surveyors, [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ Dispute Boards].
		+
		+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Definitions]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]

Editor at 19:16, 4 January 2022

2022-01-04T19:16:05Z

← Older revision		Revision as of 19:16, 4 January 2022
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	= Introduction =		= Introduction =

−	In the 1990 book Conflict: Resolution and Provention, John Wear Burton, an Australian diplomat and conflict resolution scholar refers to a dispute as “a short-term disagreement that can result in the disputants reaching some sort of resolution; it involves issues that are negotiable.”	+	In the 1990 book [https://books.google.co.uk/books/about/Conflict.html?id=P_gsAQAAIAAJ&redir_esc=y Conflict: Resolution and Provention], John Wear Burton, an Australian diplomat and conflict resolution scholar refers to a dispute as “a short-term disagreement that can result in the disputants reaching some sort of resolution; it involves issues that are negotiable.”

	= Disputes vs conflicts =		= Disputes vs conflicts =

−	Construction disputes tend to arise between two parties due to a disagreement over a specific issue or situation. ~~This~~ can include establishing responsibility for the contractual consequences associated with ~~the issue~~ and then coming up with a reasonable solution or settlement.	+	Construction disputes tend to arise between two parties due to a disagreement over a specific issue or situation. Addressing the issue can include establishing responsibility for the contractual consequences associated with it and then coming up with a reasonable solution or settlement.

−	According to Burton, a dispute differs from a conflict, which he says is “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” ~~This definition~~ is consistent within the construction sector, where a conflict can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.	+	According to Burton, a dispute differs from a conflict, which he says is “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” In [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Analysis of conflict and change in construction projects, Construction Management and Economics] by P.D. Gardiner and J.E.L. Simmons, conflict is further defined as “any divergence of interest, objectives or priorities between individuals, groups or organisations, or non-conformance to requirements of a task, activity or process.” Both of these definitions are consistent within the construction sector, where a conflict can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.

	= Dealing with disputes =		= Dealing with disputes =
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	Circumstances such as those listed above might historically have been resolved in the courts. However, this can be a long, complex, adversarial, public and potentially costly process for all involved.		Circumstances such as those listed above might historically have been resolved in the courts. However, this can be a long, complex, adversarial, public and potentially costly process for all involved.
		+
		+	For more information, see: Dispute resolution.

	As a result, construction contracts usually include provisions for the resolution of disputes by agreed alternative dispute resolution (ADR) procedures typically involving mediation, adjudication and arbitration. These are generally less formal than court proceedings and should be faster, less expensive and less time consuming, allowing the parties to maintain a good relationship.		As a result, construction contracts usually include provisions for the resolution of disputes by agreed alternative dispute resolution (ADR) procedures typically involving mediation, adjudication and arbitration. These are generally less formal than court proceedings and should be faster, less expensive and less time consuming, allowing the parties to maintain a good relationship.
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	= Dispute avoidance rather than ADR =		= Dispute avoidance rather than ADR =

−	In certain situations, it may be possible to take certain precautionary measures to avoid ~~disputes~~ and bypass the need for adjudication, arbitration and litigation. Basic measures may include:	+	In certain situations, it may be possible to take certain precautionary measures to avoid ADR or dispute resolution and bypass the need for adjudication, arbitration and litigation. Basic measures may include:

	* Drafting contracts carefully.		* Drafting contracts carefully.
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	* Considering innovative project delivery methods and technology.		* Considering innovative project delivery methods and technology.

−	= Additional avoidance approaches =	+	= Additional dispute avoidance approaches =

−	Other ~~avoidance~~ measures may include the adoption of dispute avoidance procedures or protocols (DAPs), the use of dispute avoidance forums or panels or the appointment of a Royal Institution of Chartered Surveyors (RICS) ~~dispute board~~.	+	Other measures may include the adoption of dispute avoidance procedures or protocols (DAPs), the use of dispute avoidance forums or panels or the appointment of a dispute board uner the Royal Institution of Chartered Surveyors (RICS).

	== Dispute avoidance practices or protocols ==		== Dispute avoidance practices or protocols ==
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	This method incorporates certain avoidance practices within contracts to stop disputes from escalating in construction projects.		This method incorporates certain avoidance practices within contracts to stop disputes from escalating in construction projects.

−	In its explanation of DAPs, the Arcadis ‘[https://www.arcadis.com/en-gb/knowledge-hub/perspectives/global/global-construction-disputes-report 2021 Global Construction Disputes Report: The road to early resolution]’ says, “The opportunity for the UK construction industry is to find a different dispute avoidance method which is as successful in the uptake as adjudication, but avoids the time and costs associated with the ‘mini-trial’ adjudication process. One solution is to adopt dispute avoidance protocols within contracts. An example introduced during 2021 is the jointly launched Chartered Institute of Arbitrators’ Business Arbitration Scheme and the Joint Contracts Tribunal Dispute Adjudication Board (DAB) Rules. The purpose of a DAB is to assist the parties in the avoidance of disputes while the project is ongoing. This process has popularity outside of the UK, in particular some FIDIC forms. While these procedures are not new to the UK market, we wait to see whether there will be an increase in uptake.	+	In its explanation of DAPs, the Arcadis ‘[https://www.arcadis.com/en-gb/knowledge-hub/perspectives/global/global-construction-disputes-report 2021 Global Construction Disputes Report: The road to early resolution]’ says, “The opportunity for the UK construction industry is to find a different dispute avoidance method which is as successful in the uptake as adjudication, but avoids the time and costs associated with the ‘mini-trial’ adjudication process. One solution is to adopt dispute avoidance protocols within contracts. An example introduced during 2021 is the jointly launched Chartered Institute of Arbitrators’ Business Arbitration Scheme and the Joint Contracts Tribunal Dispute Adjudication Board (DAB) Rules. The purpose of a DAB is to assist the parties in the avoidance of disputes while the project is ongoing. This process has popularity outside of the UK, in particular some FIDIC forms. While these procedures are not new to the UK market, we wait to see whether there will be an increase in uptake."

	== Dispute avoidance forums or panels ==		== Dispute avoidance forums or panels ==
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	= External resources =		= External resources =

−	Arcadis, [https://www.arcadis.com/en-gb/knowledge-hub/perspectives/global/global-construction-disputes-report 2021 Global Construction Disputes Report: The road to early resolution].	+	* Arcadis, [https://www.arcadis.com/en-gb/knowledge-hub/perspectives/global/global-construction-disputes-report 2021 Global Construction Disputes Report: The road to early resolution].
−		+	* Brandon Bang, Bae, Kim & Lee LLC, The Legal 500, [https://www.legal500.com/guides/hot-topic/dispute-avoidance-and-management-practical-tips-for-contractors-and-owners-2/ Dispute Avoidance and Management: Practical Tips for Contractors and Owners].
−	~~Royal Institution of Chartered Surveyors~~, [https://www.~~rics~~.~~org~~/uk/~~products~~/dispute-~~resolution~~-~~service/conflict~~-~~avoidance~~-~~consultancy/dispute~~-~~boards~~/ Dispute ~~Boards~~].	+	* John Burton, [https://books.google.co.uk/books/about/Conflict.html?id=P_gsAQAAIAAJ&redir_esc=y Conflict: Resolution and Provention].
−		+	* Christopher A. Gorse School of the Built Environment, Leeds Metropolitan University, [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Conflict and conflict management in construction].
−	~~Arcadis~~,	+	* PLC Dispute Resolution, Thomson Reuters, [https://uk.practicallaw.thomsonreuters.com/3-381-2603 2012 Olympics Independent Dispute Avoidance Panel].
−		+	* Royal Institution of Chartered Surveyors, [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ Dispute Boards].
−	~~2021 Global Construction Disputes Report~~: ~~The road to early resolution~~	+
−		+
−	~~CONFLICT AND CONFLICT MANAGEMENT IN CONSTRUCTION~~ Christopher A. Gorse School of the Built Environment, Leeds Metropolitan University, ~~Leeds LS2 8BU, UK~~	+
−		+
−	[https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf ~~https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf]~~	+
−		+
−	~~Gardiner~~ and ~~Simons (1992: 460) define~~ conflict ~~as “any divergence of interest, objectives or priorities between individuals, groups or organizations, or non-conformance to requirements of a task, activity or process.”~~	+
−		+
−	~~Gardiner, P. D and Simmons, J.E.L (1992) Analysis of conflict and change~~ in construction ~~projects, Construction Management and Economics, 10, 459-478~~	+
−		+
−	~~Conflict: Resolution and Provention~~	+
−		+
−	~~By John Burton~~	+
−		+
−	~~Conflict: Resolution and Provention~~. ~~John Burton.New York: St. Martin's Press, 1990, 295 pp.~~	+
−		+
−	~~They must be provented. (Prevention implies suppression: provention is intended to imply anticipation and avoidance).~~	+
−		+
−	PLC Dispute Resolution, Thomson Reuters, [https://uk.practicallaw.thomsonreuters.com/3-381-2603 2012 Olympics Independent Dispute Avoidance Panel].	+
−		+
−	~~[https://uk.practicallaw.thomsonreuters.com/3-381-2603 https://uk.practicallaw.thomsonreuters.com/3-381-2603]~~	+
−		+
−	~~Brandon Bang~~, ~~Bae, Kim & Lee LLC, The Legal 500, ‘Dispute Avoidance and Management: Practical Tips for Contractors and Owners’~~ [https://www.~~legal500~~.~~com~~/~~guides~~/~~hot-topic~~/dispute-~~avoidance~~-~~and~~-~~management~~-~~practical-tips-for-contractors-and-owners-2/ https://www.legal500.com/guides/hot-topic~~/dispute-~~avoidance-and-management-practical-tips-for-contractors-and-owners-2~~/]	+

Editor at 18:05, 4 January 2022

2022-01-04T18:05:47Z

← Older revision		Revision as of 18:05, 4 January 2022
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	As a result, construction contracts usually include provisions for the resolution of disputes by agreed alternative dispute resolution (ADR) procedures typically involving mediation, adjudication and arbitration. These are generally less formal than court proceedings and should be faster, less expensive and less time consuming, allowing the parties to maintain a good relationship.		As a result, construction contracts usually include provisions for the resolution of disputes by agreed alternative dispute resolution (ADR) procedures typically involving mediation, adjudication and arbitration. These are generally less formal than court proceedings and should be faster, less expensive and less time consuming, allowing the parties to maintain a good relationship.
		+
		+	For more information see: Alternative dispute resolution.

	= Dispute avoidance rather than ADR =		= Dispute avoidance rather than ADR =
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	CONFLICT AND CONFLICT MANAGEMENT IN CONSTRUCTION Christopher A. Gorse School of the Built Environment, Leeds Metropolitan University, Leeds LS2 8BU, UK		CONFLICT AND CONFLICT MANAGEMENT IN CONSTRUCTION Christopher A. Gorse School of the Built Environment, Leeds Metropolitan University, Leeds LS2 8BU, UK

−	https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf	+	[https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf]

	Gardiner and Simons (1992: 460) define conflict as “any divergence of interest, objectives or priorities between individuals, groups or organizations, or non-conformance to requirements of a task, activity or process.”		Gardiner and Simons (1992: 460) define conflict as “any divergence of interest, objectives or priorities between individuals, groups or organizations, or non-conformance to requirements of a task, activity or process.”
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	PLC Dispute Resolution, Thomson Reuters, [https://uk.practicallaw.thomsonreuters.com/3-381-2603 2012 Olympics Independent Dispute Avoidance Panel].		PLC Dispute Resolution, Thomson Reuters, [https://uk.practicallaw.thomsonreuters.com/3-381-2603 2012 Olympics Independent Dispute Avoidance Panel].

−	https://uk.practicallaw.thomsonreuters.com/3-381-2603	+	[https://uk.practicallaw.thomsonreuters.com/3-381-2603 https://uk.practicallaw.thomsonreuters.com/3-381-2603]

−	Brandon Bang, Bae, Kim & Lee LLC, The Legal 500, ‘Dispute Avoidance and Management: Practical Tips for Contractors and Owners’ https://www.legal500.com/guides/hot-topic/dispute-avoidance-and-management-practical-tips-for-contractors-and-owners-2/	+	Brandon Bang, Bae, Kim & Lee LLC, The Legal 500, ‘Dispute Avoidance and Management: Practical Tips for Contractors and Owners’ [https://www.legal500.com/guides/hot-topic/dispute-avoidance-and-management-practical-tips-for-contractors-and-owners-2/ https://www.legal500.com/guides/hot-topic/dispute-avoidance-and-management-practical-tips-for-contractors-and-owners-2/]

← Older revision		Revision as of 09:39, 5 January 2022
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	= Introduction =		= Introduction =

−	In the 1990 book [https://books.google.co.uk/books/about/Conflict.html?id=P_gsAQAAIAAJ&redir_esc=y Conflict: Resolution and Provention], ~~John Wear Burton, an Australian diplomat and~~ conflict resolution scholar refers to a dispute as “a short-term disagreement that can result in the disputants reaching some sort of resolution; it involves issues that are negotiable.”	+	In the 1990 book [https://books.google.co.uk/books/about/Conflict.html?id=P_gsAQAAIAAJ&redir_esc=y Conflict: Resolution and Provention], the conflict resolution scholar John Wear Burton refers to a dispute as “a short-term disagreement that can result in the disputants reaching some sort of resolution; it involves issues that are negotiable.”

	= Disputes vs conflicts =		= Disputes vs conflicts =

−	Construction disputes tend to arise between two parties due to a disagreement over a specific issue or situation. Addressing the issue can include establishing responsibility for the contractual consequences associated with it and then coming up with a reasonable solution or settlement.	+	Construction disputes are generally consistent with Burton's definition. They tend to arise between two parties due to a disagreement over a specific issue or situation. Addressing the issue can include establishing responsibility for the contractual consequences associated with it and then coming up with a reasonable solution or settlement.

−	~~According to~~ Burton, disputes differ from conflicts, which ~~he says~~ are “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” In [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Analysis of conflict and change in construction projects, Construction Management and Economics] by P.D. Gardiner and J.E.L. Simmons, conflict is further defined as “any divergence of interest, objectives or priorities between individuals, groups or organisations, or non-conformance to requirements of a task, activity or process.” Both of these definitions are consistent within the construction sector, where ~~a conflict~~ can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.	+	Burton notes that disputes differ from conflicts, which are “long-term, with deeply rooted issues that are seen as ‘non-negotiable’.” In [https://www.arcom.ac.uk/-docs/proceedings/ar2003-173-182_Gorse.pdf Analysis of conflict and change in construction projects, Construction Management and Economics] by P.D. Gardiner and J.E.L. Simmons, conflict is further defined as “any divergence of interest, objectives or priorities between individuals, groups or organisations, or non-conformance to requirements of a task, activity or process.” Both of these definitions of conflict are consistent within the construction sector, where these issues can lead to the deterioration of relationships, a breakdown of trust, additional costs and ultimately to breaches of contract and claims for damages.

	= Dealing with disputes =		= Dealing with disputes =
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	For more information see: Causes of disputes.		For more information see: Causes of disputes.

−	~~Circumstances such as those listed above~~ might ~~historically~~ have been resolved in the courts. However, this can be a long, complex, adversarial, public and potentially costly process for all involved.	+	In the past, disputes like these might have been resolved in the courts. However, this can be a long, complex, adversarial, public and potentially costly process for all involved.

	For more information, see: Dispute resolution.		For more information, see: Dispute resolution.

−	As a result, construction contracts ~~usually~~ include provisions for the resolution of disputes by agreed alternative dispute resolution (ADR) procedures typically involving mediation, adjudication and arbitration. These are generally less formal than court proceedings and should be faster, less expensive and less time consuming, allowing the parties to maintain a good relationship.	+	As a result, modern construction contracts may include provisions for the resolution of disputes by agreed alternative dispute resolution (ADR) procedures typically involving mediation, adjudication and arbitration. These are generally less formal than court proceedings and should be faster, less expensive and less time consuming, allowing the parties to maintain a good relationship.

	For more information see: Alternative dispute resolution.		For more information see: Alternative dispute resolution.
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	= Dispute avoidance rather than ADR =		= Dispute avoidance rather than ADR =

−	In certain situations, it may be possible to take ~~certain~~ precautionary measures to avoid ADR or dispute resolution and bypass the need for adjudication, arbitration ~~and~~ litigation. ~~Basic~~ measures may include:	+	In certain situations, it may be possible to take specific precautionary measures to avoid ADR or formal dispute resolution and bypass the need for mediation, adjudication, arbitration or litigation. Proactive avoidance measures may include:

	* Drafting contracts carefully.		* Drafting contracts carefully.
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	* Keeping accurate schedules.		* Keeping accurate schedules.
	* Staying informed about relevant legal issues.		* Staying informed about relevant legal issues.
−	* Training management personnel.	+	* Training management personnel adequately.
−	* Considering innovative project delivery methods and ~~technology~~.	+	* Considering innovative project delivery methods and technologies.

	= Additional dispute avoidance approaches =		= Additional dispute avoidance approaches =

−	Other measures may include the adoption of dispute avoidance procedures or protocols (DAPs), the use of dispute avoidance forums or panels or the appointment of a dispute board ~~uner~~ the Royal Institution of Chartered Surveyors (RICS).	+	Other measures may include the adoption of dispute avoidance procedures or protocols (DAPs), the use of dispute avoidance forums or panels or the appointment of a dispute board through the Royal Institution of Chartered Surveyors (RICS).

	== Dispute avoidance practices or protocols ==		== Dispute avoidance practices or protocols ==
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	== RICS dispute boards ==		== RICS dispute boards ==

−	Through the [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ RICS Dispute Resolution Service], it is possible to enlist ~~individuals~~ to form a dispute board. Members of the board are meant to assist parties in the avoidance of disputes throughout the duration of the contract. They are also expected to deal with disputes quickly, should they arise.	+	Through the [https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-consultancy/dispute-boards/ RICS Dispute Resolution Service], it is possible to enlist unbiased experts to form a dispute board. Members of the board are meant to assist parties in the avoidance of disputes throughout the duration of the contract. They are also expected to deal with disputes quickly, should they arise.

	Read more on dispute resolution boards.		Read more on dispute resolution boards.