header-logo header-logo

Nip it in the bud

12 December 2014 / Martin Burns
Issue: 7634 / Categories: Features , ADR
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll