Collaborative Assurance Scheme &
Executive Dispute Resolution

JCT 2024 changed the rules.  Collaborative working is no longer a nice-to-have - it is Article 3 of the contract, a mandatory obligation requiring parties to work together "in a co-operative and collaborative manner, in good faith and in a spirit of trust and respect."

Clause 9.1 adds a further requirement: before a dispute escalates to mediation or adjudication, it must be referred to senior executives for direct, good faith negotiations.

The contract tells you what to do.  It does not tell you how.

CINDAR provides the answer: an integrated system that measures collaborative working and structures senior-executive dispute resolution.  We call it the Collaborative Assurance Scheme (CAS) and Executive Dispute Resolution (EDR).

CAS is a structured management tool that measures how well your project team is collaborating.  it is not a tick-box exercise.  It is not a soft survey.  it is a practical evidence based system designed specifically for JCT 2024.

How it Works

CAS assesses five demesnes, each weighted equally:

• Leadership and Commitment: are senior leaders visibly championing collaboration?
• Communication and Transparency; is information shared openly and early?
• Problem Solving and Dispute Avoidance: are issues resolved jointly and at the lowest level?
• Risk and Opportunity Management: Are risks and opportunities managed together?
• Continuous Improvement and Mutual trust: is there genuine trust and learning?

• Your project team's overall CAS score and band (Exemplary, Strong, Acceptable, At Risk or Adverse).
• Performance across all five demesnes.
• Trend against previous periods.
• Top 3 strengths and top 3 improvement actions.
• Any divergence between parties.
• A watch list of emerging issues.

1. 85-100: Exemplary,Best practice collaboration
2. 70-84: Strong, Collaboration working well
3. 55-69: Acceptable, Minimum expectations met.
4. 40-54: At Risk, Collaborative intent is not being delivered.
5. Below 40: Adverse, Relationship breakdown is likely and Escalation is recommended.

When collaboration breaks down - or when a dispute arises despite best efforts - JCT 2024 requires senior executives to meet.  This is not mediation.  it is not adjudication.  it is a contractual step that most organisations have no process for.

EDR is that process.

What EDR is

EDR is a structured, senior executive led negotiation designed to resolve disputes before they escalate.  It is:

• Senior-led: nominated executives with authority to settle, not project level personnel.
• Time bound: a clear timeframe, typically 20-30 days from notice.
• Confidential: discussions are without prejudice.
• Process managed: a neutral facilitator manages logistics, information exchange and agenda.
• Cathartic: project team members contribute to the process but not the decision making.
• Outcome focused: the aim is resolution, not positional bargaining.

• It is not mediation (that comes later, if needed).
• It is not adjudication (that remains available at any time)
• It is not a soft option, it is a contractual requirement, professionally facilitated.

1. Notice: a party notifies a dispute under clause 9.1 of the Contract.
2. Appointment: Executives are nominated in the Contract; a facilitator is appointed.
3. Preparation: each party prepares a brief statement (a template is available); the facilitator manages exchange.
4. Meeting: Following presentations, executives meet with the facilitator managing the agenda.
5. Resolution: if agreement is reached, it is recorded; if not the parties proceed with a clearer understanding of the matter.

CAS and EDR work together:

1. Prevention: CAS measures collaboration monthly; early warning of decline.
2. Monitoring: Dashboard drives improvement actions; trend analysis flags risk.
3. Escalation: if collaboration fails, EDR drives the structured next step.
4. Learning: post project review captures lessons; maturity model tracks improvement.

1. Early warning of relationship breakdown, before positions harden.
2. An auditable record of good faith collaboration - valuable if a dispute arises.
3. A Board-ready dashboard demonstrating pro-active governance.
4. A senior level escalation route that avoids adjudication costs.
5. Evidence of compliance with JCT 2024 and, for public bodies, the Construction Playbook.

1. A credible third-party measure of collaborative performance.
2. Sub-contractor feedback (voluntary, anonymised) providing early warning of supply chain dissatisfaction.
3. defensive evidence against client claims.
4. A structured route to resolve disputes without damaging commercial relationships.
5. Reduced adjudication costs and reputational risk.

1. A defensible, evidence-based system for measuring collaborative performance.
2. Protection against blame when disputes arise - you warned, you measured, you reported.
3. A structured escalation route that protects your professional position.
4. A value added service that builds the case for extended appointments.

Most consultants offer either contractual advice or collaboration training.  Few offer both.  Fewer still offer a measurement tool that bridges the two.

CINDAR provides:

1. The Collaborative Assurance Scheme (CAS) - a complete system: questionnaire, dashboard, process maps, maturity model, bench-marking framework.
2. EDR: a structured, senior-executive led process that satisfies JCT 2024 Clause 9.1.
3. Integration: the CAS informs EDR, EDR resolves what the CAS flags.
4. Experience: practical tools developed by experienced construction people for the UK construction sector.