Conflict Avoidance

Question 1

What is the difference between arbitration and adjudication?

Answer 1

Arbitration is both sides agree to let an impartial third party, the arbitrator, decide the case. Can be a lawyer or expert in field. Decision is legally binding, takes place outside of court.

Adjudication is usually a court based litigation, legally binding, long process, usually more expensive

Question 2

What other types of informal and formal ADR are there?

Answer 2

informal - Negotiation, mediation

formal - arbitration, adjudication

Question 3

What are the advantages/disadvantages of ADR?

Answer 3

Negotiation - cheap, no independent party
Mediation - informal, cheap
Arbitration - legally binding, cost effective
Adjudication - Expensive, legally binding

Question 4

Can you give me an example of good client management?

Answer 4

Set out brief early, good communication, set out expectations early, regular meetings

Question 5

How does mediation work?

Answer 5

3rd party mediator negotiates between parties, voluntary, legally binding if agree it is beforehand

Question 6

Is mediation legally binding?

Answer 6

No

Question 7

What is adjudication?

Answer 7

Dispute resolution mechanism that applies to construction industry. Legal process of a dispute, carried out in court. Decision is binding

Question 8

What is expert determination and is it legally binding?

Answer 8

Technical expert makes binding decision (unless parties agree before decision isn’t binding), based on information submitted.

Question 9

What is arbitration and is it legally binding?

Answer 9

Independant party outside of court makes binding decision on parties dispute.

Question 10

RICS have a statement on conflicts of interest, what are the 3 areas of conflict?

Answer 10

• Party Conflict
• Own Interest Conflict
• Confidential Information Conflict

Question 11

What is the redress scheme and when would you use it?

Answer 11

It is the final stage of a complaints handling procedure, used for consumer to business complaints. Property ombudsman is one scheme that can be used to handle complaints

Question 12

When would ADR be used?

Answer 12

Used to solve disputes, business to business complaints. RICS Dispute resolution service is a scheme you can use

Question 13

What is negotiation?

Answer 13

Problem solving efforts of parties themselves

Question 14

What is a conflict of interest?

Answer 14

a set of circumstances that creates a risk that an individual’s ability to apply judgement or act in one role is, or could be, impaired or influenced by a secondary interest.

Question 15

What are the four types of negotiating outcomes?

Answer 15

Lose-lose, win-lose, stalemate, win-win

Question 16

Tell me some good negotiating skills?

Answer 16

• research and preparation
• prepare fall back situations
• determine what is/isn’t negotiable
• partnering approach

Question 17

Give us an example of a negotiation you led successfully

Answer 17

Builder didn’t want to take wall down to clean cavity, I said they could try through coring holes, if sufficient then that would be okay

Question 18

What are the 3 pillars of ADR from RICS Guidance on dispute resolution

Answer 18

Negotiation, mediation, adjudication

Question 19

What is the difference between mediation and conciliation?

Answer 19

Mediator is just there to mediate, gives no opinion. Conciliator can give their opinion

Question 20

What are the dispute resolution forms under JCT contract?

Answer 20

• Adjudication, mediation, arbitration, litigation. Adjudication is mandatory under the Construction Act

Question 21

What time scales are involved with Adjudication?

Answer 21

Notice given of adjudication to opposing party within 28 days. Adjudicator appointed within 7 days. Decision given within 28 days.

Question 22

What type of negotiator are you?

Answer 22

I would say I’m an analyst. Other types are accommodator and assertive