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DISPUTE RESOLUTION

On-Pole views dispute resolution as a highly effective means of building consensus and negotiating fair and equitable solutions to problematic construction-related issues.

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It is a legitimate alternative to adopting more structured legal proceedings, in particular where parties are committed to seeking prompt and robust resolutions, whilst being able to retain the ownership of and responsibility for those resolutions.

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Overview

On-Pole’s dispute resolution service is led by Russell Poynter-Brown. His extensive industry-specific experience enables him to assist parties to resolve numerous construction disputes or differences without recourse to more formal legal proceedings.

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Our approach is more closely aligned with Mediation and is focused on the expeditious and equitable resolution of disputes that enable parties to continue operations and bring projects to a successful conclusion.

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We prefer a more facilitative approach, building consensus on issues that parties actually agree on, whilst enabling them to explore and resolve their differences in an open and non-confrontational or judgemental environment.

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Independent research suggests that 80% of Mediations for example, are settled on the day or within two weeks of the mediation (Source: “RICS - Mediation through the RICS Dispute Resolution Service”).

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Typically, our dispute resolution process has the following key stages:

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  • Pre-Meeting:

    • Obtain written agreement by all parties to utilise the dispute resolution process

    • Agree scope and fees

    • Information gathering and ‘desk-top’ research

    • Consider any need to engage independent technical expertise

  • Dispute Resolution:

    • Hold either joint or separate meeting(s)

    • Presentation by all parties of their respective dispute summaries

    • Facilitated open discussion, focused on exploration of options for resolution

    • Formalisation of agreement(s) achieved

  • Feedback:

    • Feedback to parties from On-Pole on lessons learnt and opportunities for
      future improvement in areas such as:

      • Contract administration and management

      • Relationships

      • Communications

 
Benefits

Our extensive experience in this field confirms the following benefits of a structured approach to construction dispute resolution:

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  • Flexibility: We customise our approach to suit the specific requirements of each individual dispute; we do not follow a rigid template, preferring to allow parties to seek resolution in a manner that best suits their needs

  • Focus on resolution: On-Pole’s approach is predicated on a structured approach to finding a robust resolution

  • Improving relationships: A structured and effective dispute resolution process, with an emphasis on open and candid exchange of views, often strengthens the relationship between parties

  • Improving communications: Disputes often arise because parties communicate poorly in the first instance. Our pro-active approach encourages parties to subsequently communicate more openly and effectively, with particular emphasis on early notification of problems or differences of interpretation for example

  • Contract administration: Our facilitative approach enables parties to gain a better appreciation of how best to interpret, administer and manage construction contracts

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