Inter-Project Strategies
Overview
Inter-project dispute management and resolution strategies seek to proactively identify, address and resolve issues in a prompt and efficient manner. By acting quickly, while the facts are fresh, the parties avoid unnecessary cost, distraction and tension, which could otherwise have broader adverse consequences for the project and/or their relationship. Inter-project strategies are conceived at contract formation and are embedded in project documentation as a key plank for project success.
Recognised inter-project strategies include:
Our high calibre team:
Inter-project dispute management and resolution strategies seek to proactively identify, address and resolve issues in a prompt and efficient manner. By acting quickly, while the facts are fresh, the parties avoid unnecessary cost, distraction and tension, which could otherwise have broader adverse consequences for the project and/or their relationship. Inter-project strategies are conceived at contract formation and are embedded in project documentation as a key plank for project success.
Recognised inter-project strategies include:
- A Dispute Adjudication Board (DAB) maintains knowledge of the project, its progress and likely issues. Disputes are referred to the DAB for binding determination. The decision of the DAB is often required within a short time frame. Referral of disputes to the DAB will typically be preceded by an escalation process. Where further rights are contemplated, the DAB determination may be admissible in evidence.
- The determination of a Dispute Review Board (DRB) is not binding. DRBs are otherwise similar to DABs. The differences are principally matters of degree. For example, DRB members are likely to have greater familiarity with the project and the parties. The DRB process will typically also be less formal and may be more investigatory. Costs are more likely to be shared.
- A Dispute Resolution Adviser (DRA) is focused on proactively promoting co-operation between the parties and the resolution of disputes before they become entrenched. The DRA is independent of but paid by both parties. The DRA independently monitors the project and tracks and manages issues as they arise. Where a dispute is referred, the DRA may make recommendations for resolution, rather than express a view. Any views or recommendations are not binding on the parties.
- Would your organisation benefit from proactive dispute identification and resolution processes, which avoid or minimise the cost, distraction and other disadvantages of disputation in contracting?
- Are you familiar with the range of inter-project dispute management and resolution strategies?
- Are you familiar with the alternative ways in which such strategies may be structured?
- Do you understand the circumstances in which particular approaches are most likely to be effective in avoiding or minimising disputation?
- Do you know how to implement, monitor and manage successful inter-project dispute resolution processes?
Our high calibre team:
- provides detailed advice on alternative structures, including relevant considerations, requirements, suitability, advantages and disadvantages
- works with clients to establish and effectively implement appropriate inter-project contracting strategies
- guides the management and resolution of issues and disputes within the established frameworks, including strategic advice and alternative support techniques for pro-active dispute resolution.