ABSTRACT
This chapter considers how disputes that arise in the course of the project might be dealt with so as to preserve the partnering relationship. It looks at the issues that complicate dispute resolution in partnering arrangements. Whilst partnering arrangements are calculated to minimise disputes, it is essential that these arrangements include an appropriate dispute resolution process that is also capable of identifying disputes at an early stage. One of the mechanisms that facilitates the early recognition of a potential dispute, and therefore makes dispute avoidance more efficient, is the establishment of clear benchmarks for performance, and mechanisms operable on failure to achieve such benchmarks. However, the distinguishing feature of mediation, conciliation and dispute resolution boards is independence from any of the parties involved in the dispute and therefore the capacity to remain unfettered by the political/emotion-al agendas of the parties.
