Guidance Notes on completing the CINDAR Dispute Avoidance and Resolution Application Form
Thank you for using CINDAR, the alternative to Alternative Dispute Resolution. This Dispute Avoidance and Resolution Application form is part of our "Can I Really Design my Own Dispute Resolution System?™ The following guidance will assist you in completing the form.
| Field Requiring Completion | Guidance Notes on How to Complete the Field |
| CINDAR Receipt No. | CINDAR products and services are available from our on-line store. If you have already visited our eshop and purchased the product or service you are interested in, then please insert the receipt or order number you were given here. This will assist us in matching your application to your purchase. If you have not already purchased the product/service you seek, then please visit our on-line store now. |
| Has a Notice of Adjudication been issued? | If a Notice of Adjudication has been served then our Positive Case Adjudication product will not be available to you. Other products and services may be purchased and can run concurrently with other adjudication proceedings. This is a mandatory field and must be completed by selecting 'No' or 'Yes'. |
| Name of Applicant Organisation | This is the name of the Company or Organisation that you work for. Please provide the full name as recorded by Companies House (if applicable) including Company Number. Don't worry if you don't have this information to hand, we can always check it later. All company numbers are verified with Companies House for compliance purposes. It will be assumed that this organisation is the one that will be party to dispute avoidance and resolution proceedings. |
| Contact Person | This is the name of the person within the Applicant Organisation who is responsible for the application. For example, you may be the Owner or a senior manager/surveyor. If a lawyer (or other representative, e.g., a surveyor-advocate) is dealing with the matter for you then provide your name here and add their details below. |
| Email Address | Insert your business email address. This field is mandatory. Email will be the primary means of communication with you. Please ensure your email address is correct otherwise we may not be able to get in touch with you. |
| Mobile Phone No. | Provide your mobile telephone number in case we have to get in touch with you quickly. |
| Applicant's Solicitors/ Representative | If you have appointed a Solicitor (or other Representative) to act on your behalf then please insert the name of the firm or company here. |
| Solicitor/ Representative Contact | Insert here the name of the person from your Solicitor's (or other Representative), if appointed. Please note that when a Solicitor or Representative is appointed then we shall direct primary communications towards that firm/person and copy you as Applicant. |
| Solicitor/ Representative Email | Insert your Solicitor's (or other Representative's) email address. |
| Other Party Organisation | This is the name of the Company or Organisation that you are in contract with and with whom you wish to avoid ore resolve a dispute. Please provide the full name as recorded by Companies House (if applicable) including Company Number. Don't worry if you don't have this information to hand, we can always check it later. All company numbers are verified with Companies House for compliance purposes. It will be assumed that this organisation is the one that will be responding to dispute avoidance and resolution proceedings. |
| Other Party Contact | The is the name of the person within the Other Party Organisation whom you have been dealing with in this matter to date (or a person named in the Contract, if applicable) for dealing with dispute resolution. |
| Other Party Email | Please provide the email address of the Other Party Contact. |
| Other Party Solicitors/ Representative (if known) | If you have been dealing with Solicitors (or a Representative for the Other Party) then please insert the name of that Company or Organisation here. If you do not know whether the Other Party is legally represented then leave this field blank. |
| Other Party Solicitor/ Representative Contact | Insert the name of the person dealing with matters for the Other Party. If you do not know this information or left the previous field blank, then leave this field blank also. |
| Other Party Solicitor/ Representative Email | Insert the email address of the person dealing with the matter for the Other Party. If you do not know this information or if you left the name of the Other Party Representative field blank, then leave this field blank also. |
| Project Name | Please provide the name of the Project you are working on. |
| Location of the Works | Please provide the address at which our works are being carried out. A site address together with a Post Code is sufficient. |
| Description of Contract/ Sub-Contract Works | Please provide a full description of the works being carried out by you. If you are a sub-contractor (or a consultant) this is the work actually being done by you not the work being undertaken by the Head Contractor. |
| Form of Contract | Please pick from the list provided the form of contract you are working under. If a suitable form of contract is not listed then select "Other Form of Contract" and we will sort out the details later. |
| Date of Contract | Insert the date that the contract was made. This is usually to be found in the contract itself, on an order form, e.g., a Purchase Order, or in a letter of engagement. |
| Contract Sum (£) | Insert the amount of the Contract Sum. If it relates to a Sub-Contract (or Consultancy Agreement) then it is the amount of the Sub-Contract (or Consultancy Agreement) not the value of the Head Contract. If the Contract Sum is in a currency other than GBP then please convert to Pounds Sterling using rates applicable at the time of making the Contract. |
| Nature of the Dispute | Please pick from the list provided the nature of the dispute you are wishing to avoid or resolve. A general idea is all that is required at this stage so select the most likely option. If the dispute covers more than one item on the list then select the one that is likely to have the largest value associated with it. If none of the options are suitable then please select "Other". This field is mandatory and must be completed. |
| Amount in Dispute (£) | Insert the amount that is, or is likely to be, in dispute. If does not have to be an exact figure as this may not be known at this time. However, please provide a realistic estimate if the sum is unknown or uncertain. If the amount in dispute is in a currency other than GBP then please convert to Pounds Sterling using rates applicable at the time of making the Contract. |
| Has an attempt been made at resolving the dispute? | Select one of the options. "No" means that no communication has been made with the Other Party at this time and they may be unaware of the pending dispute. "In contact with the Other Party" means that some form of communication has occurred ranging from say an exchange of correspondence (emails) to direct negotiations (meetings). "Formal approach taken" means that lawyers have already been engaged by on eor other of the parties and/or steps have been taken in other mediation/ adjudications proceedings/ |
| Procedure applied for | Our alternative to Alternative Dispute Resolution methods which form part of our "Can I Really Design my Own Dispute Resolution System?™" include "Early Neutral Evaluation", "Mediation", "Executive Dispute Resolution", Expert Determination" and "Positive Case Adjudication". Each is described in detail on our web site. Select one to proceed or select "I need help in deciding" if you are not sure. |
| Has the Other Party agreed to this procedure? | If the other Party has not specifically agreed to use CINDAR's dspute avoidance and resolution methods then select "No". If both parties are agreeable to use our methods then select "Yes". If you have apporached the Other Party to seek their agreement but they have not yet replied to you, select "Awaiting Response". "Can you help to facilitate the process?" means that you would like our help to facilitate the dispute avoidance/resolution process. |
| To complete the form and submit it, you must agree to our Privacy Policy and Terms and Conditions of Sale both of which are available on the web site. You will also need to enter the displayed code in the box prior to pressing the Send button. If you have made mistakes and wish to re-enter the form then pressing Reset will clear the form allowing you to start over. |
DISCLAIMER: This knowledge base article is provided subject to CINDAR's Terms and Conditions of Use, Privacy Policy and Terms and Conditions of Sale as the case may be.
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