CAP - An Evaluative Approach to Collaborative ADR
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23 April 2024
The Conflict Avoidance Process (CAP) began life several years ago as a joint initiative between RICS, TfL and several major contractors. The aim was to create a mechanism that would underpin a culture of cooperation by addressing emerging disagreements early before parties become embroiled in lengthy and costly disputes. CAP has since evolved into a tool which is being routinely used in the construction industry to manage conflicts in a cost effective and collaborative way.
A key reason for CAP’s success to date is that the people who are appointed as CAP professionals are credible and have immense experience in resolving disputes using a range of methods. This enables a CAP Professional to work with the parties and provide impartial recommendations that help them achieve solutions quickly, amicably and cost-effectively. Feedback suggests that parties have been more likely to engage in the process, and be prepared to be guided by CAP recommendations, when they have been confident that their CAP professionals have very high levels of subject matter experience and knowledge.
Franco Mastandrea was recently appointed by RICS to undertake the role of an impartial CAP professional. He shares his thoughts in this article:
