INTEGRAF

What is INTEGRAF?

INTEGRAF stands for Integrated Appropriate Dispute Resolution Framework. It is an innovative approach to managing complex commercial conflicts. INTEGRAF provides disputing parties guidance to unbundle disputes and apply the most appropriate dispute resolution mechanism to each aspect of a dispute. Even if a dispute cannot be completely resolved, INTEGRAF steps in to downsize or contain the conflict, with only the most stubborn parts heading to adversarial dispute resolution.

Two Available Mechanisms – Standing Conflict Avoidance Board and Ad-Hoc Conflict Management: 

1. Standing Conflict Avoidance Board:

This mechanism is particularly well suited to longer term projects including construction projects or complex transactions. Parties can agree to appoint one or more neutrals to a Conflict Avoidance Board (“CAB”) at the inception of their working relationship. The CAB offers real-time advice, facilitating discussions, negotiations, and conducting mediation between parties, or providing opinions and determinations as needed. With early and appropriate management by the CAB, and the flexible and interoperable application of ADR methods, parties will be empowered to avoid or contain disputes promptly.

The CAB is empowered to manage the dispute and relationship between the parties. It can schedule periodic Review Meetings with the parties to review issues relating to the performance of the underlying contract. If a potential dispute between the parties is identified, the CAB is empowered to assist the parties with resolving or containing this dispute through discussions and negotiations, facilitate the resolution of this dispute through mediation, or issue an opinion or determination.

For additional details on this framework, kindly refer to the INTEGRAF Rules here.

2. Ad-Hoc Conflict Management:

This mechanism is suitable for all commercial disputes, especially for parties with less familiarity and experience with ADR methods. Parties can engage with this ad-hoc process at any stage of a project, transaction, or dispute, and a single Conflict Management Consultant will be appointed to review the dispute and relationship between the parties. 

The Consultant will then in consultation with the parties, formulate an ADR Plan to unbundle their dispute by applying the most appropriate resolution method to each component of the dispute. The ADR methods may be applied flexibly and interoperably. The Consultant will facilitate the implementation of the ADR Plan and recommend suitable neutrals to facilitate the resolution of the dispute through mediation or the issuing of a determination or opinion. If warranted, the Consultant may recommend that a CAB be appointed for a dispute.

1. Reduces Adversarial Conflict and Preserves Relationships: INTEGRAF aims to guide parties towards negotiated or amicable resolutions. Even if a complete resolution is not possible, it at least minimises the extent of adversity between the parties, preserving vital relationships.
2. Flexible and Interoperable ADR for Effective Resolution: INTEGRAF can recommend and implement various ADR modes for different components of a dispute. This allows for complex disputes to be effectively unbundled as the most appropriate ADR modes can be flexibly and interoperably applied to disputes.
   
3. Guidance and Structure in Implementing ADR Modes: Benefit from expert guidance provided by the Conflict Avoidance Board and Conflict Management Consultants. Clear recommendations, key steps and timelines, and an ADR Plan where appropriate, ensures a clear resolution process agreed upon by all parties.
4. Applicable at Any Stage of a Dispute: Engage with INTEGRAF before conflicts emerge, after conflicts arise but before legal process begins, or even after arbitration or trial commences. INTEGRAF is adaptable to any stage of a dispute’s lifecycle, offering valuable assistance whenever needed.
5. Enforcement: INTEGRAF provides for parties to seek enforcement in cases of non-compliance with agreements entered into under the INTEGRAF Rules through courts or arbitration, without prejudice to any final determination of the merits of the underlying dispute.

Standing Conflict Avoidance Board:

Parties have the option to include the model INTEGRAF clause in their contracts, with the flexibility to tailor it to their specific circumstances, allowing for necessary modifications or adaptations. A model clause can be found here. If parties choose to invoke this clause, please contact SMC to initiate the INTEGRAF process.

Ad-Hoc Conflict Management:

Parties can contact SMC with details of their dispute to initiate the INTEGRAF process. SMC will provide further information directly to interested parties.

For further information, please contact SMC at:

Email: smc_enquiries@sal.org.sg

Telephone: +65 6252 4226

Operating hours:

Monday to Friday (excluding Public Holidays): 9:00 am to 4:30 pm

Eve of Christmas / New Year / Chinese New Year: 9:00 am to 12:00 pm