Alternative Dispute Resolution
The Civil Procedure Rules (“CPR”) emphasise the need to try and resolve disputes, if possible, without recourse to the Courts.
The Construction and Engineering Dispute Pre-Action Protocol allows for the early exchange of information to clarify and narrow the issues to allow constructive dialogue to try and resolve construction disputes. We believe very much in some of the more traditional solicitors skills in negotiations and discussions.
We encourage early meetings between the parties to try and promote a commercial settlement. We always discuss at the outset of any construction dispute the commercial objective and strategy to agree the strategy to achieve that objective. We never lose sight of the commercial needs of our client. We try and develop a strategy to achieve the earliest, most cost effective outcome for our clients after we have analysed and advised on the facts and the law.
Meetings between the interested parties to try and promote commercial settlement to construction disputes is a key early method of containing and promoting a successful outcome before views and positions become entrenched and significant costs incurred. Given our extensive experience of negotiation and without prejudice meetings we are able to assist that process to try and reach an early agreement.
We always pick up the phone to try and save ime, promote and negotiate settlement.
We recognise that there is a window of opportunity in most construction disputes early in the dispute where a proactive, pragmatic approach can unlock a solution. Other forms of ADR are always considered such as early neutral evaluation, which has been particularly effective. We recognise that an earlier valuation of the legal facts and merits together with a commercial assessment and agreed strategy going forward is key to effective risk management and construction claims resolution.
Contact our construction solicitors
If you would like to discuss further with our specialist construction solicitors that specialise in alternative dispute resolution please contact us or call 01202 294566.