Historically, most organisations have chosen not to address the issue of conflict management until far too late in the life of the project.

The whole range of CMA services is directed at this central point: that conflict management should begin with the drafting of the contract. Preventative measures are far less costly to instigate than corrective ones and can contribute enormously to the success of the project. By incorporating innovative approaches to handling and resolving disputes into the project documents, the parties can preserve and foster co-operation, enhance working relationships and avoid adversarial confrontations.

The concept of appointing a Dispute Resolution Adviser (DRA) is a prime example of this philosophy. Appointed at the commencement of the contract, the neutral DRA makes periodic visits to the site, and becomes so familiar with the project that he can anticipate and help defuse disagreements as and when they arise and before they become formal disputes. For more serious problems the DRA can assist the parties by mediating the dispute; in some situations he may refer the issue to another neutral person. Conflicts that fail to be promptly and voluntarily resolved are settled by arbitration administered by the DRA and carried out under a specially drafted clause to ensure that the arbitration is concluded in a quick and economical manner.

Colin Wall is the inventor of the DRA system and has served as a DRA on a number of occasions, including being the DRA the prestigious Hong Kong Convention and Exhibition Centre extension, the location of the Hong Kong "handover" ceremony in 1997.




Mediation training is provided through CMA's associated company Global Mediation Services Ltd.

 

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