Conflict avoidance Flashcards
Under JCT, how long does an adjudicator have to make his award?
28 days from referral notice, can be extended to 42 if both parties agree
How do you avoid conflict on a project?
Ensure information is clear.
Try a people first negotiation if there is a dispute before going legal
Go legal as last resort
Difference between mediation and conciliation?
Mediation- aims to help parties reach agreement
Conciliation- creates a settlement proposal
What is ADR?
Alternative dispute resolution
Any form of dispute resolution that is not litigation or arbitration
Decision is made by experts not judges
What are types of ADR?
Negotiation Mediation Conciliation Adjudication Litigation Arbitration
What are the civil procedure rules?
Improvement to the legal system making it quicker, easier and cheaper to understand through ADR
What dispute resolution is named in your contract?
Adjudication
What do you understand by statutory?
Statutory law is set down by legislate
How would you negotiate something?
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
What is the adjudication process?
- 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
What is litigation?
Legal action takes place in Construction and Technology court
What is arbitration?
- Arbitrator settles disputes
- Judicial decision of a dispute by a third party
What is the arbitration process?
- 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.
What is a dispute board?
- Group assigned to project from inception, they are there to prevent disputes.
- Normally on big jobs
How do you agree a final account?
- 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.
Why can disputes occur?
- Poor performance of parties
- Un-controlled change
- Inadequate contract info
- payment issues
- Inappropriate procurement
- Starting works before design and contract finalised.
How are disputes avoided?
- Robust tender info
- Controlled change
- Appropriate financing
- Good project management
What are the types of dispute resolution?
- Negotiation
- Mediation and Conciliation
- Expert determination
- Adjudication
- Arbitration
Difference between adjudication and arbitration?
- 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
What does the JCT recommend for ADR?
- Mediation
- Adjudication
- Arbitration
What is conflict?
When two or more parties have difference of opinion
What are different techniques of conflict avoidance?
- Confronting (collaborative, confront issue not each other)
- Compromising (give and take)
- Smoothing (accommodating, involves sacrifice)
- Forcing (forcing your opinion, disregard others)
- Avoiding (delay decision)
What is your conflict avoidance style?
- Confront issue to get it sorted
- Force a clear cut issue to protect Morgan Sindall and the client
If you cannot resolve an issue in a meeting what would you do?
- Suggest issue is taken off line
- Agree actions to all information is provided
- Arrange follow up meeting to agree
