Conflict Avoidance Flashcards
What are types of ADR?
Negotiation, mediation, adjudication, arbitration.
What legislation introduced Adjudication?
Housing Grants and Construction and regeneration act 1996
What are the advantages of adjudication?
Faster and cheaper than litigation. Private. Adjudicator/s are usually an expert. Can be appealed via litigation or arbitration.
What are the disadvantages of arbitration?
Limited avenues of appeals. No case precedent created. May still require litigation to order funds. No jury/ cross checking of evidence.
What are some key points in the RICS guidance note on Conflict avoidance?
Latham report = ADR, Identifies methods of ADR.
Where would you find the ADR means for a project?
The prelims/ contract.
What is the mediation process
Documents are exchanged prior to meeting,
Opening statements are made by both parties,
Mediator facilitates discussion on key aspects of the dispute,
Negotiation of a settlement.
What is arbitration
A private dispute resolution forum that is an alternative to court. A third party is selected by agreement to act as a private judge in construction this would typically be a surveyor, architect or structural engineer.
What legislation supports arbitration
Arbitration Act 1996.
What is adjudication
Adjudication is a compulsory dispute resolution mechanism that applies to the construction industry. “pay first, argue later”
What court are disputes often referred to failing successful alternative dispute resolution
The Technology and Construction Court. It can be used to enforce adjudicator decisions under the Housing Grants, Construction and Regeneration Act 2009.
What are some differences between adjudication and arbitrations
Arbitrator is final.
Adjudication is quicker.
Statutory Adjudication can be entered into.
Arbitrators have the power to award costs.
