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Nip it in the bud

12 December 2014 / Martin Burns
Issue: 7634 / Categories: Features , ADR
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Dispute resolution is dead, long live dispute avoidance, says Martin Burns

More and more government and industry bodies are seeking to reduce legal costs associated with resolving disputes by using a range of early intervention techniques. These are designed to help contracting parties avoid disputes by managing commercial relationships through difficult situations, and preventing minor issues escalating into full blown disputes.

Early intervention

Arbitration, adjudication, and other traditional forms of dispute resolution are usually employed only after legal costs have been racked up, commercial relationships have been damaged and party positions have become entrenched. Early intervention techniques, on the other hand, can help to manage conflicts and nip disputes in the bud. This can mean the difference between good business driven by good business relationships, and no business at all.

The reality to commercial relationships is that conflict is always possible. Early intervention addresses this by involving contracting parties in establishing, at an early stage, how their disagreements will be handled. The objective is to focus minds on how potential problems will

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

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Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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