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Dispute avoidance and resolution support

Most disputes begin as unresolved claims or unexplained payment differences. CEACM helps parties set out their position clearly and early, so that matters can be settled before they reach a formal forum, and supports them if they do.

What this covers

Position papers, evidence mapping, chronology building, claim defence support, negotiation briefs and support for dispute board or arbitration proceedings.

Deliverables

  • Position papers.
  • Evidence mapping and chronology.
  • Claim defence support for parties responding to a claim.
  • Negotiation briefs and structured settlement preparation.
  • Commercial and quantum support to counsel, dispute boards or arbitration.

What CEACM does not do

CEACM is not a law firm and does not give legal advice or represent parties in legal proceedings. Legal advice and advocacy come from advocates; CEACM provides the commercial and quantum material behind them. This page gives general information about contract and commercial management. It is not legal advice. Where a matter needs legal advice, we recommend you consult an advocate.

When to engage

  • When disagreement first appears in correspondence.
  • Before a formal notice of dissatisfaction or referral.
  • When a negotiation is planned and the position paper needs preparing.
  • When responding to a claim from the other side.

Questions

Frequently asked questions

What is dispute avoidance?

Working to resolve disagreements early, with clear records and positions, so that they do not grow into formal disputes. The FIDIC 2017 conditions build this into the dispute avoidance and adjudication board (DAAB) procedure.

What is a DAAB?

A dispute avoidance and adjudication board. In the 2017 FIDIC conditions, Clause 21 deals with disputes and arbitration and provides for a DAAB. The 1999 conditions use a dispute adjudication board, and the MDB Harmonised Edition a dispute board, under Clause 20.

Does CEACM give legal advice or represent parties?

No. Legal advice and representation come from advocates. CEACM supports with commercial and quantum material.

What is a position paper?

A short document stating a party's case: the facts and chronology, the contract basis, the effect on time and cost, and the relief sought, with the evidence referenced.

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Contact

Tell us about your contract.

Tell us about the contract, the stage it has reached and the decision you need to make. We reply by email.