Clients often contact us when they have reached an impasse in a long-running contractual dispute. Bailey & Moore have over 10 years’ experience in dispute resolution, covering a wide range of issues and different types of client. Over the years, we have built up an extensive knowledge of ‘case law’ from the precedents set by previous dispute outcomes and we keep in close contact with the regulatory bodies (NHS England and NHS Improvement).
The NHS Standard Contract (general condition 14) sets out a prescribed manner for dealing with contractual disputes as follows:
- Escalation to senior director who has not had day-to-day involvement with the issue
- Escalation to Chief Executive or similar director
- Formal mediation process, either using the regulatory bodies or a jointly appointed mediator according to the terms of the contract
- Expert determination (more commonly known as arbitration), again using the regulatory bodies or an appointed expert
We have a wide range of experience in helping clients navigate through this process while maintaining good relations. We can also help clients with a similar process where disputes arise before the signing of a contract. We can offer our services in a range of different ways:
- Acting for one party, providing technical advice and strategic support, including liaising with the other party where appropriate
- Jointly commissioned by two or more parties to a contract to provide an independent review and opinion on contentious issues. This can be binding or non-binding on the parties.
- Acting for the regulatory bodies to provide technical opinions and briefings to arbitration panels, independent mediation and potentially expert determination
The component parts of dispute resolution and the services we can offer are set out in more detail under: