We are all only too aware of the costs associated with disputes in the construction industry, even where traditional methods of resolving them have been eschewed in favour of attempts to nip issues in the bud, such as contractually agreeing to escalation of negotiation procedures and facilitative mediation. In an attempt to address some of the difficulties, a different approach is now being heralded. In the spirit of promoting goodwill among all those involved in construction projects, a number of industry bodies have recently teamed up with two major employers to launch the Conflict Avoidance Pledge (CAP).

While this is all (so far) being done on a voluntary basis, it chimes well with the growing use in construction contracts of clauses requiring parties to “discuss and negotiate” first before embarking on a more formal stage of the dispute resolution process. A typical – and potentially expensive, if carried through to its conclusion – ascending scale of such processes, is: without-prejudice discussion and negotiation (no lawyers); mediation; adjudication (often without extensions of time), followed by arbitration or litigation.

Recent experience of large and commercially influential bodies in the infrastructure sector such as Network Rail and Transport for London, which have used conflict avoidance and early intervention methods to bring parties to the table at an early stage of a potential dispute, has led to the setting up of the Conflict Avoidance Coalition Steering Group (CACSG), which is responsible for devising the CAP. Members include the RICS, RIBA, the Chartered Institute of Arbitrators, the  Institution of Civil Engineers, the International Chamber of Commerce UK, the Dispute Resolution Board Foundation and the Chartered Institution of Civil Engineering Surveyors. 

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