Dennis Fry

Dennis Fry is committed to the avoidance of disputes if at all possible, and if disputes do arise, to their early settlement in the most timely and cost effective manner. Dispute avoidance can frequently be achieved by ensuring that the relevant individuals on both sides are fully aware of their contractual responsibilities, and are also alert to t... he strategies required in a particular set of circumstances to prevent a disagreement from developing into a full blown dispute with potentially serious commercial consequences. In this regard appropriate training is important, as is the ability to negotiate difficulties in a constructive manner. In larger more complex projects Dispute Boards provide an effective means of anticipating and dealing with potential disputes in a timely and cost effective manner. A Dispute Board consists of three (on smaller projects possibly one) independent experts in the field. The Dispute Board is appointed at the start of the project and maintains an active involvement throughout its life. Depending on the terms of engagement the Dispute Board either provides recommendations or adjudicates on disputes as they arise, thus facilitating early resolution and minimising damaging ongoing conflict. If a dispute does arise which cannot be resolved by negotiation between the parties a settlement can frequently be achieved speedily and at relatively low cost by a facilitated negotiation, typically in the form of a formal Mediation. This is an important and valuable process in that the parties retain "ownership" of the settlement agreement, the Mediator facilitating the process and helping to resolve difficulties such as personality conflicts and power imbalances. Mediations can frequently result in "win-win" settlement agreements which maintain future business relationships. In many contractual situations disputes may be resolved quickly, and with limited prejudice to the ongoing project, by reference to a neutral third party acting as either Adjudicator or Expert. In both Adjudication and ...Read More