S e r v i c e s > D i s p u t e R e s o l u t i o n
Affirm has considerable experience of disputes including their occurrence and resolution through negotiation, ADR and arbitration. Affirm is therefore very aware of the manner in which disputes can be avoided.
In the case of formal disputes, lawyers assess legal certainty at no higher than sixty five percent (i.e. there is always a high risk you will lose). In the majority of formal disputes your expenses will be taxed, typically at seventy percent (i.e. you will not recover thirty percent of your costs even if the tribunal/ court awards in your favour). With these factors in mind, Affirm offers a full range of services in relation to disputes resolution which are intended to be more cost effective than recourse to the legal profession.
Affirm advocates dispute avoidance. The majority of disputes arise where one party incurs financial loss which he seeks to recover from the other but where his right to recovery is denied by that other party. Frequently these losses are incurred through the actions or inactions of those on site who are charged with the daily administration of the contract. All too often these personnel have insufficient experience or understanding of the terms upon which the contract and tender are based to discharge their function properly. This situation is compounded by the fact that insufficient importance is frequently given to record-keeping. Affirm recommends proper training as the single most cost effective means of avoiding disputes and maximising recovery. Affirm therefore offers a range of training services which are tailored to the needs of each individual client.
In the event of disputes, Affirm offers the following range of dispute resolution services and is happy to discuss contingency fee arrangements with prospective clients:-
| • Avoid | • Close Out |
| • Communicate | • Diffuse |
| • Manage | • Negotiate |
| • Resolve |
In relation to:-
| • Adjudication | • Arbitration |
| • Conciliation | • Dispute Review Panels/ Disputes Advisory Boards |
| • Expert Determination | • Mediation |
