A dispute can arise between the parties where there are competing opinions over the cause and effect and or quantum of an Event.
Often the parties have not fully demonstrated or explained (crystallised) their position in accordance with the contract/subcontract. This can be due to a variety of reasons, time, money or fear that they do not want to be overtly ‘contractual’ or adversarial and risk repeat business with a Client.
At some point in time if an amicable resolution cannot be found some form of Dispute Resolution will be necessary either by:
- Negotiation
- Mediation
- Expert Determination
- Adjudication
- Arbitration
- Litigation
M Harvey Consulting would always recommend that any dispute is crystalised and that it is presented and demonstrated, clearly as well as being articulated in a professional manner to aid a negotiated settlement.
This is however not always possible and it will be necessary to resort to another form of dispute resolution involving external parties. M Harvey Consulting has had experience with these processes and Mr M Harvey has acted as a Mediator, Expert and Adjudicator on disputes.