Dispute Resolution

Small and Medium-sized Enterprises (SME) often face challenges when seeking access to justice.  These difficulties can impede their ability to enforce their legal rights or resolve disputes effectively.  Some of the most common challenges include:

1. Cost barriers: Proceeding in adjudication can be costly.  SMEs may struggle to afford legal representation, adjudicator's fees and related expenses.
2.  Limited resources: SMEs typically have limited financial and human resources making it challenging to engaged in protracted legal battles, especially serial adjudications.  This can put them at a disadvantage when facing larger and better funded opponents.
3. Traditional Alternative Dispute Resolution (ADR) barriers: SMEs may encounter obstacles in using ADR such as the costs of the process, unwillingness from the opposing party to participate or reluctance to agree to ADR in contracts.

CINDAR recognises the challenges faced by SMEs.  We are committed to reducing conflict within the construction industry and resolving disputes wherever we can.  To do this, we employ twin strategies.  The first is that we have developed a suite of 5 dispute resolution procedures (which we call the alternative to Alternative Dispute Resolution) and secondly, our fees are fixed at just 3% of the amount claimed by either party irrespective of the value of the dispute and subject to a minimum fee of £1000.  We are innovators in the ADR space and highly competitive dispute resolution providers.  See what people have to say...

"Thank you for your efforts yesterday in resolving what had been a very protracted and long running dispute.  I thought I would pass on some comments from my client this morning about how impressed they were with the way you handled the matter and in helping to facilitate settlement."
Solicitor, Cambridge

"Informality, inclusion, yet complete control."
Mediation Participant

Our 5 dispute avoidance and resolution methods are:

1. Early Neutral Evaluation (ENE): This is a process that involves a neutral third-party who evaluates a dispute or potential dispute at an early stage of the dispute resolution process such as before issuing a Notice of Adjudication.  A neutral evaluator, who is an experienced person, assesses the strengths and weaknesses of the matter and provides feedback to the parties about their respective positions in the form of a non-binding recommendation.
2. Mediation (MED): This is a process in which a neutral third party facilitates negotiations between two (or more) parties in conflict.  The goal of the mediation is to help the parties reach a mutually acceptable agreement to resolve their dispute.  The mediator does not make decisions or impose solutions on the parties, but rather helps them communicate and understand each other's perspectives, interests and concerns.  The mediator may meet with the parties separately or together and may use various techniques such as active listening, re-framing and brainstorming to help facilitate the negotiation process.  A technique known as "Evaluative Mediation" is especially beneficial when used with construction industry participants.
3.  Executive Dispute Resolution (EDR): This is a process used by organisations to resolve disputes or conflicts that arise out of complex project situations.  EDR typically involves a neutral third party mediator who assists the parties in engaging in a cathartic process of presenting the issues followed by mediation between senior project executives.  BY using EDR, organisations can resolve disputes in a ore timely and cost effective manner which can help to preserve relationships and maintain productivity.
4. Expert Determination (EDX):  This is a process for dispute resolution where parties to a dispute appoint an independent and impartial expert to decide the issue in question.  The decision of the expert is binding on the parties.  The process is quicker than litigation and makes a valuable contribution to the suite of AADR methods.
5. Positive Case Adjudication (PCA): Adjudication under the Housing Grants, Construction and Regeneration Act 1996 (as amended) (HGCRA) is a form of dispute resolution commonly used in the construction industry in the United Kingdom ad certain other jurisdictions around the world.  Under HGCRA, parties to a construction contract have a right to refer disputes to adjudication at any time.  The adjudicator is a neutral third party who is appointed to resolve the dispute within a relatively short time, typically 28 days.  However, adjudication has become too expensive for many smaller value disputes.  That's why we created Positive Case Adjudication.  Our form of adjudication differs in that it requires the parties to establish their best case and to make a best and final offer associated with it.  The adjudicator then selects the preferred outcome from those presented in accordance with the evidence and the law.