2.6 Conflic Avoidance, Management & Dispute Resolution Procedure Flashcards
How can you avoid conflict in the first instance?
-Clearly state the responsibilities of each party
-Clear and continuous communication
-Put everything in writing
-Follow company procedure and policy
-Follow RICS standards
Causes of disputes?
Commercial disagreements.
Unclear and conflicting drawing/specs.
Teams under pressure.
Unclear scope of service.
What are the main forms of ADR?
Negotiations
Mediation
Adjudication
What is the TCC?
Technology and Construction Court - handles cases less than £250k for disputes about building, engineering and surveying.
What is mediation?
A neutral third-party facilitates discussions with goal of reaching a settlement. The power to settle remains with the parties. This process is non-binding.
What is conciliation?
Similar to mediation. A conciliator provides a “recommendation”. Also not binding.
What is adjudication?
Provides a fast working solution so parties can resume with work. The finding is binding with no appeal.
What is the adjudication process?
-Parties serve notice of intention to refer dispute to adjudication.
-To prevent voiding the adjudication, the referring party must its Referral(statement of case) within 7 days of the notice.
-Within the 7 day period the referring party must obtain the adjudicator.
-The adjudicator must set out a timetable for referral response.
-Adjudicator must make a decision with 28 days of the referral.
Who pays for the Adjudication?
Both parties generally but the adjudicator can decide.
What is arbitration?
Lawsuit without court involvement. Arbitrator is give the power to provide a legally binding decision.
Advantages of arbitration?
-Private.
-Speed.
-Arbitrator can have relevant experience.
-Decision can be enforced as a judgement in court.
Disadvantages of arbitration?
-Parties bear the costs of both the arbitrator and venue.
-Limited appeal rights.
-May be uneconomical if the disputed amount is small.
What is litigation?
A party brings the claim to civils court. The nature and severity will determine the court it is heard in.
Advantages of litigation?
Judge can impose sanctions for non-compliance, hastening compliance.
Judge can order interim relief why final judgement is pending.
If errors of fact or law are made, defined rights of appeal are there.
Disadvantages of litigation?
-Great cost.
-Potentially long period before judgement.
-Public proceeding.
-Judgement is subject to appeal.
