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What's your problem?

by John Boanson
NBS Technical Author

What is the real stumbling block to resolving your dispute? It may be a complex issue that needs to be analysed, or it may be the people tasked with reaching a workable solution. Many disputes on a building site are the result of clashes of personalities. Often we get so deeply involved in our projects, that we cannot step back and take an objective view. We take personal offense if our scheme or production information is criticised. People quickly polarise to opposite viewpoints and are unwilling to accept that they may be at fault. It is rare that all of the blame rests with one party – there is room for improvement in all of us.

What can we do if a dispute arises and neither party is willing to admit they are at fault? The first thing to try is to step back, pause, take a deep breath (or several) and try to see the problem from your opposite number's perspective – he may have a case. You may feel silly accepting you are at fault, but it is far better admitting it at this stage than having someone else point it out to you much later when lots of other people have been involved in going through your documentation with a fine tooth comb.

OK, so you have followed the above advice and you are still convinced you are right and the opposing side is wrong. What do you do next? Do not reach for the telephone to see if you can find a mediator/ arbitrator/ claims consultant with spare time on his hands. Talk to your partner, boss or colleague (someone not involved with the project on a day to day basis) – they might be in a better position to take a dispassionate view of the problem and advise you accordingly. If they are willing, get them to telephone their opposite number. Once the personalities have been taken out of the equation, a result is often readily achievable. Many more disputes are settled at this stage than through more formal proceedings.

If you are wrong, admit it; the earlier the better. If the other side is wrong give them an early opportunity to admit it also.