Before You End Up in a Tribunal, Spend a Day Watching One

If you are a builder, pool builder, contractor, supplier or even a consumer involved in a significant project - spend a day sitting in a tribunal as an observer.

It does not matter which jurisdiction.

Just attend. Sit quietly at the back. Watch what unfolds.

Watch the builders, contractors, pool builders, consumers and businesses who have reached the point where someone else now has to decide the outcome of their dispute.

Listen to the evidence. Look at the paperwork. Notice how much time, money, stress and opportunity has already been lost.

Then ask yourself how many of those matters might have taken a different path if the issues had been acknowledged earlier, investigated properly, communicated more clearly, negotiated sooner or rectified appropriately.

And importantly, how many might have been avoided if guidance had been sought earlier.

Before making the decision. Before rejecting the complaint. Before sending the email. Before taking a hard position. Before speaking to others and escalating the matter.

Sometimes one early conversation with the right adviser, expert or industry professional can completely change the direction of a matter.

There is a lot to learn from sitting in a tribunal, particularly about what to avoid in your own business or project:

• address issues early;

• investigate before defending;

• document decisions, variations and agreements;

• rectify genuine problems properly and promptly;

• keep emotion out of correspondence;

• understand your contractual and regulatory obligations;

• seek guidance early;

• obtain expert advice before positions harden; and

• approach disputes with a resolution mindset, not a winning mindset.

When you walk out, ask yourself: What can I put in place now so I do not end up here later?

Sometimes the best lesson in dispute prevention is watching somebody else’s dispute unfold.