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Techniques for Resolving
Disputes Quickly and Efficiently
Seema Lal
PBLI – March 31, 2016
“Peace is not absence of conflict, it is the ability
to handle conflict by peaceful means.”
Ronald Reagan
“The harder the ...
• Disputes are likely to arise in almost all construction
projects
• Having clear and effective dispute resolution clauses...
• The keys to avoiding a dispute include:
– Identifying the problem or issue as early as
possible
– Taking action to addre...
• Negotiation best practices include:
– Being prepared
• This includes having access to and reviewing all of the
relevant ...
– Flexibility
• If the goal is to resolve the dispute as efficiently as
possible so as to avoid disruptions in the project...
– Understanding the position of the “other side”
• Communicating an understanding of the position of the
other party and a...
- Looking at the dispute objectively
• May be effective to include senior representatives (or
other senior members not int...
- Develop and understand your “BATNA”
• Developing and understanding your “Best Alternative to a
Negotiated Agreement” wil...
- Recognizing the End
• At some stage in the negotiation process, it may become
clear that you are not prepared to make an...
QUESTIONS?
Seema Lal
SHK Law Corporation
sl@shk.ca
604.408.2026
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Techniques for Resolving Disputes Quickly and Efficiently

Practical tips for dealing with disputes on construction projects quickly and efficiently. Negotiating tips and techniques.

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Techniques for Resolving Disputes Quickly and Efficiently

  1. 1. Techniques for Resolving Disputes Quickly and Efficiently Seema Lal PBLI – March 31, 2016
  2. 2. “Peace is not absence of conflict, it is the ability to handle conflict by peaceful means.” Ronald Reagan “The harder the conflict, the more glorious the triumph.” Thomas Paine
  3. 3. • Disputes are likely to arise in almost all construction projects • Having clear and effective dispute resolution clauses will assist in minimizing disruptions to the schedule if and when a dispute arises • Generally speaking, the parties will engage in discussions and negotiations prior to moving into more formal dispute resolution processes
  4. 4. • The keys to avoiding a dispute include: – Identifying the problem or issue as early as possible – Taking action to address the problem or issue as soon as possible – Keeping the focus on the specific problem or issue at hand – Maintaining an open line of communication with the other party
  5. 5. • Negotiation best practices include: – Being prepared • This includes having access to and reviewing all of the relevant information and documents relating to the dispute, as well as seeking opinions, if appropriate, from consultants or outside experts • Need to ensure you are familiar with and adhering to the contractual provisions, in particular, notice provisions
  6. 6. – Flexibility • If the goal is to resolve the dispute as efficiently as possible so as to avoid disruptions in the project schedule, both parties must maintain a degree of flexibility in their positions • The utterance of threats or ultimatums will likely lead to a termination of the negotiations and, at worst, a potential termination of the Contract and ensuing litigation/arbitration
  7. 7. – Understanding the position of the “other side” • Communicating an understanding of the position of the other party and attempting to find some common ground will go a long way toward an early resolution of a dispute • Understanding the other party’s objectives will assist you in preparing a proposal that attempts to meet those objectives without significantly compromising yours • Will also assist you in assessing the merits of your position
  8. 8. - Looking at the dispute objectively • May be effective to include senior representatives (or other senior members not intimately involved with the facts underlying the dispute) in negotiations as these individuals will be able to view the disputed issues with some level of objectivity • Take emotion out of the equation
  9. 9. - Develop and understand your “BATNA” • Developing and understanding your “Best Alternative to a Negotiated Agreement” will assist you in assessing and testing the strengths and weaknesses of your position • Developing your BATNA early in the process will assist you in establishing the best negotiation strategy to reach your settlement goal • Understanding the other party’s BATNA will also assist you in your negotiations
  10. 10. - Recognizing the End • At some stage in the negotiation process, it may become clear that you are not prepared to make any further concessions or compromises and are prepared to take the claim to the next stage of the dispute resolution process • If it is clear that there is no hope for resolution, best to terminate negotiations at that point and proceed with your BATNA
  11. 11. QUESTIONS? Seema Lal SHK Law Corporation sl@shk.ca 604.408.2026

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Practical tips for dealing with disputes on construction projects quickly and efficiently. Negotiating tips and techniques.

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