Concept Note 3 by the BIICL sets out guidelines for the resolution of disputes following the 2020 pandemic. Written by Helen Dodds, Adam Johnson QC and Guy Pendell of CMS, it encourages parties to behave with constraint and fairness in addressing problems that have arisen through the disruption caused by Covid.
In fact the guidelines should usefully be applied by parties to all commercial disputes!
Key recommendations are to carry out an objective assessment of the dispute, narrow the issues and to engage in ADR wherever possible.
SettleIndex methodology brings objectivity to the assessment of disputes. Used for early case assessment it helps focus on the key issues. In turn a robust financial model can help parties identify the best time and settlement value for ADR.