Maintaining good relationships by clearly and openly communicating with all parties throughout the course of a project should greatly assist in preventing conflicts and disputes from arising. Sometimes however, despite best intentions, consultants do find themselves involved in conflicts and disputes. Dispute Avoidance Processes are helpful mechanisms which can prevent the escalation of construction conflicts into disputes but once a dispute has advanced and generally once the project is completed, Alternative Dispute Resolution (ADR) can be an available avenue.
Contracts usually set out a mandatory dispute resolution procedure, and this will typically include at least one type of ADR. ADR processes vary significantly in terms of their approach and outcome. For example, mediation and negotiation lend themselves to a conciliatory style whereas expert determination and arbitration are combative and can create problems for insured claims as they often impose binding outcomes without all the protections of the court system.
Join us for our first webinar of 2022 where Vesna Koteska and Kathryn Budd, Risk Managers, at informed by Planned Cover will:
- address the different types of ADR and their advantages and disadvantages;
- identify the insurance issues that may be triggered by certain ADR processes;
- identify some of the contractual issues associated with or generated by ADR; and
- provide you with some real life examples of disputes that have been the subject of ADR.