APC Conflict avoidance, management Flashcards
What is ADR?
Alternative Dispute Resolution (ADR) provides a confidential and alternative method of tackling legal disputes which avoids going to court. The most common types of ADR are conciliation and mediation, arbitration and adjudication.
What do you understand by the term conflict?
A conflict of interest is a situation in which an individual has competing interests or loyalties.
Can conflict be good?
Yes -
Can provide solutions to problems
Challenging old processes
Creates new opportunities
How can conflict be bad?
Drives bad behaviour
Isolated working
Detrimental to the project’s objective.
Is there a healthy level of conflict?
Yes which can be good and conflict avoidance can be incorporated. If there is too much conflict then Dispute resolution maybe needed.
How can we avoid conflict pre contract?
Appropriate Contract Selection
Appropriate Risk Allocation
Quality Check to Contract Information and
Works Information
Tender Scoring
How can we avoid conflict post contract?
Proper administration of the Contract
Highlight issues early
Keep up to date, logically correct programmes – push for Accepted Programme
Proactive Risk Reduction Meetings
Keep Minutes and Actions
Reduce Confrontational Language
Working Groups to Resolve Outstanding
Issues Before Snowballing
Hands Up When You’re Wrong.
What is mediation?
Mediation is a way of settling disputes in which a third party, known as a mediator, helps both sides to come to an agreement that each considers acceptable
What is adjudication?
Adjudication is a compulsory dispute resolution mechanism that applies to the UK’s construction industry.
Statutory adjudication was introduced by the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996).
Is a 28-day procedure (although the parties can agree to extend this period).
described as a “pay first, argue later” mechanism for resolving disputes
Interim binding
What is arbitration?
Arbitration is a procedure in which both sides agree to let an impartial third party, the arbitrator, decide the case.
The arbitrator may be a lawyer, or may be an expert in the field of the dispute.
Legally Binding
What is litigation?
Litigation is the process of engaging in or contesting legal action in court as a means of resolving a dispute. The court is able to enforce or determine one party’s rights or obligations
What is expert determination?
Expert determination is a process in which an independent third party who is an expert in the subject matter is appointed to decide the dispute. The expert’s decision is binding on the parties.
How in conflict avoidance managed within TfL?
TfL and its contractors have worked with RICS to develop the Conflict Avoidance Panel. CAP is a panel of between one and three people that can be appointed at short notice when issues arise and produce a non-binding recommendation within 21 days of the appointment.
This is non binding
How do we do it under the Contract?
Either Party has the right to bring litigate action
As long as the Parties are bound by a Construction Contract, either Party has the right to Adjudicate at any time.
Options W1 (all other contracts outside of W2) and W2 (for UK where it is a Construction Contract) of NEC3 and W3 of NEC4 are the Dispute Resolution options.
How do we do it under the Contract?
Either Party has the right to bring litigate action
As long as the Parties are bound by a Construction Contract, either Party has the right to Adjudicate at any time.
Options W1 (all other contracts outside of W2) and W2 (for UK where it is a Construction Contract) of NEC3 and W3 of NEC4 are the Dispute Resolution options.
