What is the best Dispute Avoidance Methods?

At the beginning of any claim, usually, all parties would choose the resolution methods that eliminate the dispute at its root. Dispute avoidance methods include negotiation, risk allocation, early non-binding neutral evaluation and partnering. Negotiation is always the best resolution method to prevent disputes from happening, as it is requiring less time and saves cost down the road. This requires preselecting an interdependent “neutral” entity to serve the parties as an observer, fact-finder and dispute-resolver for as long as the construction is in process.

Early Resolution Methods attempt to reach a satisfactory and acceptable solution to both parties, in which they seek to minimize the disputed amount or prevent moving to a more expensive and time-consuming method.

Late Resolution Methods are used in the last stages of the dispute occurrence. These approaches are used in case of the failure of both avoidance and early resolution methods. While these methods can be very effective and efficient in settling the disputes, they are very expensive and consume considerable time and effort.

However, if all these methods are not applicable, the parties have no choice but litigation in the court of law. Usually, disputants try to avoid litigation, as this stage of dispute settlement is very costly and time-consuming to all parties involved.



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