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RICS Questions > Conflict avoidance > Flashcards

Conflict avoidance Flashcards

1
Q

Under JCT, how long does an adjudicator have to make his award?

A

28 days from referral notice, can be extended to 42 if both parties agree

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2
Q

How do you avoid conflict on a project?

A

Ensure information is clear.

Try a people first negotiation if there is a dispute before going legal

Go legal as last resort

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3
Q

Difference between mediation and conciliation?

A

Mediation- aims to help parties reach agreement

Conciliation- creates a settlement proposal

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4
Q

What is ADR?

A

Alternative dispute resolution

Any form of dispute resolution that is not litigation or arbitration

Decision is made by experts not judges

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5
Q

What are types of ADR?

A 
Negotiation
Mediation
Conciliation
Adjudication
Litigation
Arbitration
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6
Q

What are the civil procedure rules?

A

Improvement to the legal system making it quicker, easier and cheaper to understand through ADR

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7
Q

What dispute resolution is named in your contract?

A

Adjudication

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8
Q

What do you understand by statutory?

A

Statutory law is set down by legislate

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9
Q

How would you negotiate something?

A 
1- Prepare your point
2- Know my bottom line
3- Focus on big picture
4- Negotiate a win win
5- Never accept the first offer
6- Negotiate small deals before the big ones
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10
Q

What is the adjudication process?

A
  • Notification of adjudication from one party to another
  • Parties have 7 days to appoint adjudicator
  • Adjudicator will review, make decision within 28 days (can be extended to 42)
  • Adjudicator doesn’t have power to award costs unless agreed by parties
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11
Q

What is litigation?

A

Legal action takes place in Construction and Technology court

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12
Q

What is arbitration?

A
  • Arbitrator settles disputes

- Judicial decision of a dispute by a third party

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13
Q

What is the arbitration process?

A
  • Arbitration body must be notified who will appoint arbitrator
  • Each side presents their version with evidence
  • Arbitrator will determine fair and just decision
  • Difficult to appeal an arbitration; only if there is bias, corruption or they exceeded their power.
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14
Q

What is a dispute board?

A
  • Group assigned to project from inception, they are there to prevent disputes.
  • Normally on big jobs
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15
Q

How do you agree a final account?

A
  • Negotiate smaller items first and get them agreed
  • Move onto larger items and back up stance with evidence, for a win/win situation.
  • Follow up meeting with confirmation email and final account statement to get signed.
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16
Q

Why can disputes occur?

A
  • Poor performance of parties
  • Un-controlled change
  • Inadequate contract info
  • payment issues
  • Inappropriate procurement
  • Starting works before design and contract finalised.
17
Q

How are disputes avoided?

A
  • Robust tender info
  • Controlled change
  • Appropriate financing
  • Good project management
18
Q

What are the types of dispute resolution?

A
  • Negotiation
  • Mediation and Conciliation
  • Expert determination
  • Adjudication
  • Arbitration
19
Q

Difference between adjudication and arbitration?

A
  • Parties are entitled to adjudication under English law even if not stated in the contract
  • Arbitration is an alternative to litigation
  • Adjudication is confidential
  • Arbitration can be confidential if agreed by both parties
20
Q

What does the JCT recommend for ADR?

A
  • Mediation
  • Adjudication
  • Arbitration
21
Q

What is conflict?

A

When two or more parties have difference of opinion

22
Q

What are different techniques of conflict avoidance?

A
  • Confronting (collaborative, confront issue not each other)
  • Compromising (give and take)
  • Smoothing (accommodating, involves sacrifice)
  • Forcing (forcing your opinion, disregard others)
  • Avoiding (delay decision)
23
Q

What is your conflict avoidance style?

A
  • Confront issue to get it sorted

- Force a clear cut issue to protect Morgan Sindall and the client

24
Q

If you cannot resolve an issue in a meeting what would you do?

A
  • Suggest issue is taken off line
  • Agree actions to all information is provided
  • Arrange follow up meeting to agree

RICS Questions (25 decks)

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