Chapter 20 Methods of Dispute Resolution

Question 1

Prevention Methods

Answer 1

• Partnering and team building
• Competent Engineering and documentation
• Honesty in contracting

Question 2

Negotiation

Answer 2

Disagreement mist be tackled at inception
Emotions must be avoided
Communicating disagreement with opposing party
Timing of negotiation is crucial

Question 3

Litigation

Answer 3

When negotiation fails, lawyer should be contacted

Question 4

Alternative Dispute Resolution

ADR

Answer 4

Saves cost and time

Less disruption in project

Question 5

Types of disputes

Answer 5

Contract
Torts
Labor relations

Question 6

Mediation

Answer 6

Voluntary
Controlled by parties
Neutral facilitator
Confidential
Based on interest rather than rights

Question 7

Arbitration

Answer 7

Most popular for litigation
Single or three arbitrators
Knowledge, less expensive, less time consuming

Question 8

Binding Arbitration

Answer 8

Disputing parties will agree to adhere to the decision reached

Question 9

Dispute Review Board

Answer 9

Board of usually 3 members acting as neutral panel

One selected by O, one selcted by C, and final selected by those two members

Question 10

Mini Trial

Answer 10

Process for top management officials w/ settlement authority to meet w/ the assistance of a neutral third party to make a new evaluation of the dipute