Conflict Avoidance Flashcards
1
Q
Name some forms of ADR
A
- Mediation
- Conciliation
- Negotiation
2
Q
Name some formal methods of dispute resolutions
A
- Arbitration
- Litigation
- Adjudication
3
Q
What would your considerations be prior to selecting a form of ADR
A
- Cost
- Time
- Impact on business relationship
4
Q
What is concilliation
A
- This method is similar to mediation and relies upon a third party
- Conciliators have no authority to seek evidence
- Conciliators are not able to make binding decisions
- The conciliators help the parties come to a solutions
5
Q
What is mediation
A
- Relies on bringing a third party in to mediate and guide a decision
- The mediator tries to encourage a decision and sometimes offers a solution unlike conciliation which is like a messenger
- Mediation encourages coming together to reach an agreement
6
Q
What is dispute resolution
A
- Actions and processes taken to resolve contractual disagreements between parties
7
Q
What enforces the requirement for a building contract to contain provisions for adjudication
A
- The housing grants, construction and regeneration ACT 1996 (Construction ACT)
8
Q
Which contracts does adjudication apply to?
A
It applies to all contracts entered into after the act commenced within England, Scotland and Wales
9
Q
What if a building contract does not include provision for adjudication
A
- Parties still have the statutory right to adjudication assuming the contract qualifies under the construction act
10
Q
Explain your understanding of the arbitration process
A
- Arbitration is a procedure for the resolution of disputes which is under the control of the parties
- Certain conditions must be met for examples a genuine dispute or difference between the parties must have occurred with an award being capable of enforcement
- A binding agreement must be reached to escalate the matter to arbitration
- The proceedings are undertake in a private setting meaning the reputations of both parties can be preserved to an extent
