5. Conflict Avoidance, Management and Dispute Resolution Flashcards
Where can you find guidance on conflict avoidance & dispute resolution?
RICS Guidance Note - Conflict avoidance and dispute resolution in construction
What is conflict?
When two or more parties have a difference of opinion that can lead to disagreement.
What can conflict lead to?
- Arguments
- Negotiation
- Dispute Resolution
- Innovation
Can conflict be good?
- Provide solutions to problems
- Challenging old processes
- Creates new opportunities
How can conflict be bad?
- Prevents collaborative working
- Time consuming – detrimental to project objectives
- Expensive – certain dispute resolution methods
What are the different conflict avoidance techniques?
- Good Payment Practice – cash flow key.
- Record Keeping – prevent unnecessary disputes.
- Clear Contract Documentation – prevents ambiguities.
- Regular Reporting – minutes/reports – manage expectations and team actions.
- Good Management – proactive managing duties to meet client expectations.
- Partnering and Alliancing – cooperative teamworking approach.
- Good Project Management – proactively managing time, money and risk.
- Good Client Management – understanding client brief and good communication.
What is a dispute?
a disagreement, argument, or debate.
What is dispute resolution?
Process of resolving contractual disagreements between parties.
What is the spectrum of dispute resolution?
Three distinct processes a=which all dispute resolution techniques built upon
1. Negotiation
2. Mediation or Conciliation
3. Adjudicative Processes
Also known as three pillars of dispute resolution.
What are the three pillars of dispute resolution?
Provide answer for spectrum of dispute resolution.
• Negotiation – problem solving efforts of parties themselves.
• Mediation or Conciliation – 3rd party facilitated but no binding decision.
• Adjudicative Processes – 3rd party determines final binding decision.
What methods of dispute resolution are available under each pillar?
Negotiation Neutral fact-finding Expert appraisal Early neutral evaluation - Mediation Conciliation - Adjudication Expert Determination Dispute Review Boards Arbitration Litigation
How would you determine dispute resolution technique?
As per Spectrum of Dispute Resolution:
• Negotiation – primary resolution, where not successful potentially:
- Mediation / Conciliation – perhaps more economical to appoint mediator where yet to determine if dispute can be resolved without continuing cost and management time, also if parties believe they can come to binding decision between themselves.
- Where dispute cannot be resolved without 3rd party leading process and binding decision via adjudicative processes.
What are Alternate Dispute Resolutions (ADR)?
Dispute resolution methods alternate from conventional procedures of arbitration and litigation:
• Negotiation
• Mediation
• Adjudication
Why would you use ADR techniques?
Typically, faster and more economical form of dispute resolution as well as maintain business relationships in comparison to traditional methods such as arbitration and litigation.
What is Negotiation?
Problem-solving efforts of parties themselves to reach a compromise or agreement.
What are the advantages of negotiation?
- Maintains business relationships
- Quick process
- Cheap
- Confidential process
What are the disadvantages of negotiation?
- Non-binding
* Both parties need to agree to negotiate
What is the process of negotiation?
- Preparation – understand issue and liability
- Discussion and clarification of objectives
- Negotiation – competitive or principles
- Agreement
What is Mediation?
3rd Part intervention that facilitated discussion but does not impose binding decision.
What are the advantages of Mediation?
- Independent party – typically expert in field
- Confidential
- Maintain Business Relationships
- Quick process (typically 1-2 days).
- Less expensive that traditional methods