Conflict Avoidance and ADR

Question 1

What are the three main processes for resolving disputes?

Answer 1

negotiation
mediation
independent expert
arbitration
litigation

Question 2

What are the advantages of Alternative Dispute Resolution (ADR)?

Answer 2

Faster
Cheaper
Confidential
Greater opportunity for negotiation
Improved quality of decision making by a surveyor relative to a judge

Question 3

Are parties bound by an arbitrator, and can the arbitrator be sued?

Answer 3

Parties are bound, and the arbitrator can not be sued. Parties can appeal to the High Court to challenge the tribunal’s jurisdiction, on a point of law, serious irregularity.

Question 4

Who does the expert witness have a duty of care to?

Answer 4

court

Question 5

If a conflict arises, what is the first course of action?

Answer 5

Inform all parties and try to resolve peacefully. Pre-pandemic it was advised that an in person meeting would be beneficial.

Question 6

What is adjudication

Answer 6

reach a decision on disputes arising under construction contracts.

adjudicator are experts, their decision is binding. may be reconsidered by court or arbitrator, rarely the case.