Disputes – How To Avoid & Resolve Them
As in any other business, in the London flooring, there are many disputes on a daily basis. But how can we avoid them? Disputes can be avoided by doing one simple thing – make sure that both parties understand the conditions and know what to expect before signing anything. In need negotiate exclusion clauses and make sure they are enforceable. Also don`t forget to check the standard terms and ensure that the contract is up with the law. Sounds about right. But what if still something goes wrong? When speaking of completing a construction project, London flooring specialists point out that as it is a very complex process and multiple parties are involved, disputes may arise before reaching its completion. Here are some methods you can use to get yourself out of a sticky situation.
- An easy way to keep the things simple is to choose negotiation. You can do that by phone, mail or choose to rely on a mediator. Negotiations are quick and efficient and give all parties the necessary control of the situation. As negotiations as typically expressed ‘without prejudice’ meaning that any offers, counter-offers or admissions made can’t be mentioned later if the negotiation process is not successful. Negotiations are the most common way of dispute resolution where the parties try to resolve the dispute themselves.
- The next form of resolving a dispute is using ‘adjudication’. London flooring experts explain that this term is used exclusively for dispute resolutions in contracts which are subject to the Housing Grants, Construction and Regeneration Act 1996 or when those provisions are incorporated. This method can be quick and leads to a binding decision that is immediately enforceable. Flooring contractors in London say it is considered economical and cost-effective. However, we should note that it is subject to any later decision which might be made in arbitration or court.
- Another way of resolving disputes is by arbitration. London flooring specialists explain the process – the parties that take part in the dispute agree to be bound by the decision of the arbitrator (which is a third party in the dispute). It is a written decision and it is very similar to court proceedings. It is important to note that if there is an arbitration clause in the contract, parties should choose to arbitrate rather than litigate. Arbitration is confidential but the expenses spent on the process may vary depending on the exact circumstances.
- Last but not least, parties that take part in a dispute may choose litigation as a form of resolving it. London flooring contractors say it is the process of referring a dispute to the courts and they are legally able to enforce a decision. They can call witnesses, gain disclosure of documents and the decision is more binding than the aforementioned methods. However, it can be a very slow procedure and if not handled correctly it can be expensive.
To conclude, we should say that there are no two cases that are the same even though they arise on similar topics. London flooring professionals should be careful when choosing the right method of resolving disputes as the opposite may result in great expenses without an adequate outcome.
Inspired by www.contractflooringjournal.co.uk