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12 December 2014 / Martin Burns
Issue: 7634 / Categories: Features , ADR
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Nip it in the bud

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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Constantine Law—Anita Vadgama

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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