Efficient Resolution of Construction and Commercial Disputes?Disputes are necessary for the development of an ordered Society. Disputes of a minor nature affect us all in our everyday life and we become experienced in dealing with them as we develop. There are different ways of resolving disputes, some more acceptable socially than others. Disputes in our business life are generally wasteful of resources and disruptive of our trading ambitions and disputes can often harm our relationship with our trading partners and our clients, sometimes fatally. My experience in dispute resolution over a quarter of a century is that there is often, initially, little consideration given to how a dispute should be managed. It is my belief that there is no dispute resolution process that is universally appropriate for all disputes. I believe that disputes should be structured and managed such that the dispute resolution process is tailored to suit the particular needs of the parties and the nature of the dispute itself. Advice taken, on managing dispute resolution, before entering a contract is often very much less expensive than that taken after a dispute has arisen. My experience has been gained in construction, process plant and commercial disputes in the UK and internationally. I have acted as Arbitrator, Adjudicator, Mediator, Conciliator and as an Early Expert Evaluator. I am on occasion named as Dispute Adviser or Contract Adjudicator in contracts. When asked to act in a particular role, I am able to assist the parties, if and where appropriate, in advising whether their needs might best be served by a structured approach through assisted identification of the issues, then early non-binding evaluation of specific issues to be followed by either mediation or determination at arbitration. That approach has often led to early settlement of a dispute on terms that permit the parties to take part in the decision making, addressing their own particular needs and preserving their existing relationship with their trading partner, which is very important to at least one of the parties, to a dispute if not both. If you have a dispute in construction or commercial matter, why not speak to me about the opportunities that are available to you rather than automatically think litigation or arbitration. If you are planning to contract in the construction industry why not take advice before contracting, on how to avoid disputes and how to structure your contract such that any issue that arises is dealt with at the time rather than become a divisive issue between the parties. I am willing to accept appointments in dispute resolution. My experience may assist you. Why not talk to me? Tony Canham © A. J. Canham 2001 - Web site designed and hosted by
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