Inframara recommends alternative dispute resolution (“ADR”). It provides the parties with a process for resolving their dispute earlier, quicker and more cost-effectively than arbitration or litigation.
Tiered dispute resolution process, senior executives and then mediation – resolve disputes quickly and in real time
Use of standing Disputes Resolution Boards (DRB), or FIDIC’s Dispute Avoidance/Adjudication Board (DAAB) or Expert Determination – Inframara has an extensive network of dispute practitioners & experts.
Avoid arbitration/litigation. Only seen as a last resort mechanism.
The DRB's decisions are binding unless and until they are overturned by arbitration or other legal proceedings. DRBs have been found to resolve approx. 98% of disputes without the need for further litigation or arbitration. DRBs resolve disputes in an average of 19 days, which is significantly faster than traditional dispute methods.
At Inframara, we promote an effective dispute resolution approach through all phases of a project. Our extensive experience in dispute resolution has shown that the best approach is to start as early as possible to resolve conflict.
We apply the following methodologies :
Select the most appropriate dispute resolution method from the outset
Aim to resolve disputes during project design & delivery not after completion
Focus on the use of risk registers during both the design & delivery phases
Have a tiered system of dispute resolution through management levels
Use of alternative dispute resolution methods such as mediation, expert determination, standing dispute avoidance/adjudication boards
Use of Dispute Review Boards (DRBs) during the project delivery phase
An core part of avoiding disputes is selecting and applying the right contract type. Inframara has specialist experience in working with a wide range of contract types: