Conflict Avoidance

Question 1

What is a conflict?

Answer 1

A disagreement between two parties

Question 2

What can you do if negotiations break down?

Answer 2

You could go to adjudication, which is a statutory form of dispute resolution in JCT.

Question 3

What is adjudication?

Answer 3

· Under the HGCRA all parties have the statutory right to adjudication.
· It is a rapid way of resolving disputes as a decision must be reached within 28 days
· The adjudicators decision is final and binding but it can be raised to arbitration or litigation if one party is unhappy with the decision

Question 4

What is the process/timeline of adjudication?

Answer 4

• One party issues a ‘Notice of Dispute’
• 7 days later an adjudicator is referred
• 28 days later a decision is made (referring party can extend this by 14 days)
• Decision is binding, unless one party is unhappy and raises it to arbitration or litigation.

Question 5

What is the legal act governing Arbitration?

Answer 5

Arbitration Act 1996

Question 6

What is the timeline of arbitration?

Answer 6

• Form of arbitration is decided
• Hearing is 21 days after form
• Both parties submit documents 7 days before hearing

Question 7

What is the difference between arbitration and litigation?

Answer 7

Arbitration
- Governed by Arbitration Act 1996
- Private process
-

Litigation
- Proceedings are conducted in court
- Public process

Question 8

What’s the difference between adjudication and arbitration?