Conflict 1 Flashcards
What is ADR
Alternative Dispute Resolution - Alternative method of tackling legal disputes without going to court
greater opportunity for negotiation
for speed
less money spent on litigation/professional fees
What is conflict
someone who has competing interests or loyalties
Can conflict be good?
can create solutions to problems
challenge old processes
create new opportunities
Can conflict be bad?
create isolated working
encourage bad behaviour
detrimental to project objectives
How do you avoid conflict pre-contract
correct contract selection
risk allocation
quality check contract documents
How do you avoid conflict post-contract
try and highlight issues early
keep up to date with the programme
record minutes and actions
What is mediation?
3rd party intervention which doesn’t bind the parties to a decision but assists to resolve
What is adjudication?
A compulsory dispute resolution mechanism that applies to the UK construction Industry
Adjudicator uses knowledge and jurisdiction afforded by law to reach a legally binding decision in a contractural process
Strict timescale imposed requiring the adjudicator to reach a decision within 28 days.
What is arbitration?
A procedure in which both sides agree to let an impartial 3rd party decide the case.
The arbitrator will have specialist knowledge of the subject area
His decision is 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 parties rights or obligations
What is expert determination?
Expert determination is a process in which an independent 3rd party who is an expert in the subject matter is appointed to decide the dispute. The expert’s decision is binding to the parties.
How do we do it under the contract?
Either party has the right to bring litigate action aslong as they are a party to the construction contract w
