20 Dispute Resolution Flashcards
How can disputes be avoided in construction contracts?
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How does partnering help avoid disputes in construction?
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What is meant by the term ‘ADR’?
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What is the hierarchy of dispute resolution in the construction industry?
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What guidance is available in relation to ADR?
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How are disputes dealt with under a contract with which you are familiar? How does this differ from other contracts with which you are familiar?
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How can contract change procedures help avoid disputes?
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How do post-contract reporting procedures help avoid conflict?
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How would you deal with contractor on site who had 30 years experience and did not agree with your decision?
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On what grounds can the employer or the contractor determine the contract under the form of contract that you are most familiar with?
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What is negotiation and how can it be used to resolve disputes?
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What are the advantages and disadvantages of negotiation as a means to resolve disputes?
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What is mediation and how can it be used to resolve disputes?
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Is mediation binding?
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What are the advantages and disadvantages of mediation as a means to resolve disputes?
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What is conciliation and how does it differ from mediation?
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What is expert determination and how can it be used to resolve disputes?
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What are the advantages and disadvantages of expert determination as a means to resolve disputes?
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What is adjudication and how can it be used to resolve disputes?
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What are the general duties of an adjudicator?
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How do you refer a dispute to adjudication?
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How is an adjudicator appointed?
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What are the timescales involved in adjudication?
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Is adjudication binding?
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Can decisions under adjudication be challenged?
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Give some examples of when adjudications have been challenged.
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Who pays the cost of adjudication?
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How does the Scheme for Construction Contracts relate to adjudication?
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A party to the main contract on one of your projects wants to take a dispute to adjudication, but there are no clauses in the contract referring to dispute resolution procedures. Can he use adjudication and what rules will apply?
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A client wants you to take out the adjudication clause in his construction contract so that all disputes are referred directly to litigation. How would you respond?
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What are the advantages and disadvantages of adjudication as a means to resolve disputes?
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Explain the adjudication procedure rules in a contract with which you are familiar.
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What is arbitration and how can it be used to resolve disputes?
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Explain the main differences between the various forms of arbitration.
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What are the main differences between arbitration and adjudication?
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What procedural matters need to be agreed between the parties before arbitration starts?
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Is arbitration binding?
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How are costs awarded in arbitration?
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Why did arbitration become so unpopular for resolving construction disputes?
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What are the advantages and disadvantages of arbitration as a means to resolve disputes?
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On what grounds can an arbitrator?s decision be challenged in court?
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How did the Arbitration Act 1996 change the rules of arbitration?
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How does the role of an arbitrator differ from that of a judge?
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How do multi-party arbitration proceedings work?
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What is litigation and how is it used to resolve disputes?
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What are the differences between arbitration and litigation?
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What was the impact of the Woolf Report on dispute resolution?
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What are the Civil Procedure Rules?
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What is the Technology and Construction Court?
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Explain the significance of a pre-action protocol in bringing an action to court.
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Explain judgements without trial and summary judgements.
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What are the advantages and disadvantages of litigation as a means to resolve disputes?
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What is early neutral evaluation and how is it used to resolve disputes?
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What is med-arb and how does it differ from mediation?
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What is the purpose of Dispute Boards?
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What is the difference between DRBs and DABs?
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What is an expert witness?
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Who can be an expert witness?
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How is an expert witness appointed?
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As a surveyor, what information or data might you be asked to produce to support an expert witness?
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What factors must you take into account when writing an expert witness report?
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What is the liability of an expert witness?
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What is meant by the term ‘hot-tubbing’ and why may it be advantageous?
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