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

Druces LLP—Afsor Ullah

Druces LLP—Afsor Ullah

Partner appointed head of Islamic finance

Birketts—Rachel Frost-Smith

Birketts—Rachel Frost-Smith

Legal director named as new head of children

Kingsley Napley—Tristan Cox-Chung

Kingsley Napley—Tristan Cox-Chung

Firm bolsters restructuring and insolvency team with partner hire

NEWS
Criminal defence lawyers have expressed dismay at the Lord Chancellor David Lammy’s plans to reduce the backlog by scaling back jury trials to murder, rape, homicide and other indictable crimes where the sentence is three years or more
MPs will vote next week on an amendment to fast-track the change to the unfair dismissal qualifying period, as the government’s flagship Employment Rights Bill returns to the Commons
Barristers have been warned to be on guard against anthropomorphism, hallucinations, information disorder, bias in data training, mistakes, data protection blunders and confidential data leaks when using generative artificial intelligence (AI)
Legal aid lawyers have welcomed increased fees for criminal, housing and immigration work
Public willingness to take part in class actions is rising, according to annual research by communications consultancy Portland
back-to-top-scroll