Dispute Resolution Services

CIF Dispute Resolution Services

Guidance on dealing with disputes

We offer assistance to members in how best to deal with any disputes that arise, whether this be through the mechanisms outlined in the contract, or otherwise by agreement with the parties to the dispute. Often times, members are not familiar with the mechanisms outlined in their contracts, or aware that they may engage in other forms of dispute resolution by agreement of the parties to the dispute. Further information on the types of alternative dispute resolution is available in the document entitled “Types of Dispute Resolution”.

Provision of names of potential dispute resolvers

Should a member of the CIF find themselves in a dispute and require names of potential dispute resolvers, we can provide three names of appropriate persons, once we receive details of the dispute and the parties involved. When we receive a request for a number of names of dispute practitioners, we will seek the following information:

• Names of parties (i.e. client/main contractor/sub-contractor/architect etc)
• Name of project & location
• Subject matter of the dispute
• Type of Alternative Dispute resolution (i.e. mediation/ conciliation/ arbitration/ adjudication)

The CIF will then contact a number of appropriate dispute resolvers to ascertain their availability and whether they have any conflicts in the matter at hand, and will revert to the individual seeking names as soon as possible, usually within 48 hours.

Payment Recovery Assistance Programme (PRAP)

The PRAP Scheme, in operation since 2010, is a unique service offering members of the CIF access to a number of participating legal firms when they find themselves in difficulty in trying to recover payments from their clients. Further details on the Scheme are available to download here.

C-19 Claims Advice Programme

The C-19 Claims Advice Programme was developed in response to issues arising during the COVID-19 Pandemic, modelled on our PRAP Scheme mentioned above. This Scheme offers assistance to members who find themselves faced with challenges in respect of claims related to the COVID-19 emergency. Further details on the Scheme are available to download here.

Co-ordination of requests for appointments of mediators, conciliators and arbitrators by CIF president

Where the parties to a dispute are unable to agree on the person to act as the dispute resolver, the contract will usually name a default appointee. Under a number of contracts, this default appointee is named as the President of the CIF. When the CIF contacted and requested to make an appointment, there are a number of items that must be provided prior to proceeding:

• A copy of the sub-contract in question to confirm that the CIF has jurisdiction to appoint/evidence of the agreement of both parties that CIF may appoint
• Evidence that there is a dispute & some information pertaining to the nature of that dispute
• Evidence that the parties have failed to agree a mediator/ conciliator/ arbitrator
• If the dispute is being escalated, evidence that there was no resolution at the earlier stage (e.g. at conciliation if seeking to proceed to arbitration)
• The names of any dispute resolution practitioners put forward and not agreed upon for this dispute, including the names of those put forward or appointed at an earlier stage should this be an escalation of the dispute
• The registered addresses of the parties
• Payment of the invoice (the current fee is €375 + VAT)