Working in partnership, RICS Dispute Resolution Service and ResoLex have pioneered a new service designed to minimise the likelihood of disputes on major infrastructure and property development projects.
Disputes can be expensive and slow to resolve, and they can have a negative impact on brand reputation and working relationships. This service allows projects to proactively manage risk from the outset, ensuring multiple layers and safeguards are in operation to identify and resolve potential disputes early.
Working with ResoLex, we have developed a combined risk analysis and early warning system to help contract parties identify and manage risk on a project — this includes identifying areas where there is a potential for conflict.
This new service provides a contractual mechanism for early identification and resolution of differences on projects without the need for formal dispute resolution processes. The combined service features a two-stage process, both of which are designed to identify potential issues early to prevent them becoming full scale disputes, which can be costly, time-consuming, ruin reputations and have a negative impact on working relationships.
The joint service is innovative, but uses tried and tested processes which are proven to be effective, and draws upon the expertise and experience of both organisations.
ResoLex’s RADAR uses continual assessment and reporting processes to identify issues at an early stage. As an issue is identified, there are multiple routes open to the team for resolution. The senior project team may resolve it, it may be dealt with through internal negotiation between the Parties, or by referral to an independent assessment through the RICS Conflict Avoidance Panel (CAP). An important feature of the service is that there are pre-agreed processes available for further support and resolution. When necessary the project will draw on the expertise of RICS professionals, through the Conflict Avoidance Panel (CAP) process to facilitate resolution.
The RADAR project horizon scanning service has been developed by ResoLex in response to its experience providing stakeholder engagement and dispute avoidance services on projects over the last 15 years. It is a unique service which bridges the gap between forensic data and stakeholder perceptions, and completes the project communications feedback loop. It provides an early warning system which picks up issues that need attention and allows them to be addressed before they damage the project.
If an issue cannot be resolved internally and/or would benefit from independent assessment and recommendations from an expert, the DRS Conflict Avoidance Panel (CAP) process can be used. The CAP process is flexible and draws on a range of established dispute resolution methods to help resolve issues early and quickly. Depending on the issues identified, the CAP process may utilise one or more resolution techniques. Any recommendations made are non-binding and are not imposed upon the parties, but they do provide fully reasoned and independent recommendations for settlement.