06 Mar 2014

Construction professionals, arbitrators and law practitioners in Botswana were this week drilled on dispute resolution procedures in a one-day seminar that was facilitated by the Dispute Resolution Board Foundation (DRBF) of Seattle, United states.

The seminar was hailed as an eye opener by Maj. Gen. Bakwena Oitsile of Bakwena & Associates, who said dispute resolution procedures were a must-know in Botswana’s fast growing construction industry. Maj. Gen. Oitsile’s company deals with construction project management and dispute resolution.

The company was set up in 2012 with the intension of closing a glaring gap in the construction sector, caused by lack of a proper dispute resolution framework. Gen Oitsile said he was impressed with the seminar, as international experts imparted much needed skills and knowledge to attendants.

He added that for a long time the construction sector had been dogged by disputes which created challenges in governance.

Bakwena & Associates partly organised the seminar in partnership with SM Project Management. In a brief interview on the sidelines of the seminar, Gen Oitsile said it is unfortunate that some stakeholders still refuse to engage dispute resolution boards.

“Disputes are inevitable in the provision of infrastructure and related services to both government and the private sector. The primary concern for all the parties involved is to get value for money,” he said.

Gen Bakwena added that quality is of paramount importance and it is critical to deliver projects on time and according to the right specifications and quality. He added that oftentimes disputes arise out of these areas of contest. In his presentation on “Dispute Boards- Introduction and Operations,” Mr Andy Griffiths, a representative of

DRBF in South Africa, said the DRBF was created in 1996 to support and promote the use of dispute resolution boards.

He explained that the non-profit organisation is an international association of construction industry professionals committed to real time dispute avoidance and resolution through the use of dispute boards.

He said members represent owner organisations and employers, architects, engineers, contractors, legal professionals, funding agencies and consultants.

Mr Griffiths said DRBF currently has 700 members in 59 countries, Botswana included, and its current country representative is Mr Sanjeev Miglani.

He added that the DRBF offers resources for owners and contractors who want to avoid and resolve their dispute using this successful and cost effective method.

The foundation also offers worldwide education and training in the effective use of the resolution process as well as technical workshops for owners, contractors and resolution practitioners.

“The resolution board also offers conferences and regional meetings as a forum for discussion of advances in the development of the resolution process,” he said.

A dispute resolution board usually consists of an impartial, independent individual or three-person panel of consulting experts possessing the technical and contract background necessary to assist parties to resolve differences before they escalate into disputes.

The individuals can also provide a prompt evaluation of disputes through either a non-binding recommendation or resolution.

The board is usually formed before construction begins, usually by the owner nominating a member for approval by the contractor, the contractor nominating a member for approval by the owner, and the two thus chosen nominating the chair of the resolution board to be approved by both parties.

Reports indicate that where there are resolution boards 98 per cent of the disputes are settled without arbitration or litigation. ENDS