Recent Developments in Conflict Avoidance Processes in Use in the UK Infrastructure Sector

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Jonathan Cope

November 2018

A paper presented at the European Society of Construction Law’s annual conference in Bucharest, Romania on 26th October 2018.

This paper examines the ADR techniques currently in use in the UK infrastructure sector. Jonathan Cope assesses the conflict avoidance processes adopted by two of the UK’s largest infrastructure employers, Transport for London and Network Rail, examining the rationale behind the processes adopted and giving an insight from his personal experience into how they worked in practice. The paper also looks at the Conflict Avoidance Pledge developed by professional bodies and infrastructure employers to promote a greater understanding of conflict avoidance techniques. The author concludes by looking ahead at the future of conflict avoidance and in particular suggesting how the education of key stakeholders should play a part.

Introduction – ADR processes in use in the UK infrastructure sector – Transport for London’s Conflict Avoidance Process – TfL’s CAP in practice – Network Rail’s Dispute Avoidance Panel – Network Rail’s DAPs in practice– The Conflict Avoidance Pledge – The future of conflict avoidance

The author: Jonathan Cope is a Director of MCMS Limited (, Chair of the Society of Construction Law (UK and Ireland) and practises as an adjudicator, arbitrator, expert determiner and mediator.

Text: 15 pages

Paper number: 
November 2018, online, 0.8MB

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