The Conflict Avoidance Process –  CAP - what is means for the construction industry in the UK

1. Prevent disputes through collaboration; coalition growing to 100+ members.

The Conflict Avoidance Coalition aims to prevent construction disputes by promoting early intervention and collaboration. It started with a few organizations and has grown to include over 80 members, with expectations to surpass 100 soon. The coalition meets monthly to discuss developments and progress. The ultimate goal is to embed the Conflict Avoidance Process (CAP) into tender documents and contracts, ensuring that issues are resolved before escalating into disputes. This collaborative effort seeks to improve industry practices and reduce the financial and relational costs associated with construction disputes.

2. Developed by RICS and TfL; over 500 organizations committed.

The Conflict Avoidance Pledge originated from a collaboration between the Royal Institution of Chartered Surveyors (RICS) and Transport for London (TfL). They developed an early intervention process to mitigate disputes in major projects, which proved successful. This led to the formation of the Conflict Avoidance Coalition, initially comprising seven or eight bodies. The pledge has since gained significant traction, with over 500 organizations signing up. The pledge demonstrates a commitment to avoiding disputes and maintaining good relationships, sending a strong message to clients about the organization's reliability and dedication to delivering value.

3. Reduces costs, preserves relationships, embeds conflict avoidance in contracts.

Early intervention techniques help resolve issues before they escalate into costly disputes, preserving business relationships and reducing financial burdens. Embedding conflict avoidance mechanisms in contracts ensures that parties are committed to resolving issues collaboratively. This approach can significantly reduce the cost of disputes, as seen in examples where early intervention resolved matters for a fraction of the cost of adjudication. Additionally, it maintains control within the parties involved, allowing them to negotiate and compromise directly. Overall, these practices lead to more efficient project management and better outcomes for all stakeholders.

4. Flexible process resolving various disputes, maintaining control and relationships.

The Conflict Avoidance Process (CAP) has been successfully applied in various scenarios, demonstrating its flexibility and effectiveness. For example, it has resolved issues related to design responsibility and final account agreements. In one case, a CAP professional facilitated a binding recommendation that both parties accepted, avoiding further disputes. The process is adaptable to different complexities and values, allowing early engagement and face-to-face discussions to prevent issues from escalating. By incorporating CAP into contracts, organizations can address problems proactively, reducing the need for costly adjudications and preserving business relationships.

5. Expand signatories, educate next generation on collaboration and avoidance.

The coalition aims to expand its reach and influence by increasing the number of signatories to the Conflict Avoidance Pledge, targeting 20,000-25,000 organizations. Future goals include embedding the CAP more widely in the industry and developing training and educational materials for the next generation of construction professionals. This involves engaging with colleges and young professionals to instill a culture of collaboration and dispute avoidance. By educating future industry leaders, the coalition hopes to create a more efficient and harmonious construction sector, reducing the prevalence of disputes and improving overall project outcomes.