Conflict avoidance and dispute resolution Flashcards
1
Q
What are the differences between Adjudication & Arbitration?
A
Adjudication:
- Individual rights to use
- Defined process & timescales
Arbitration:
- All parties must agree to use
- Less defined
- 3rd party considered both sides
2
Q
Please can you provide examples of Construction claims?
A
- EOT
- Change claims
- Acceleration
- Contract termination
3
Q
How would you avoid conflict?
A
- Ensure continuous communication between all parties
- Clearly state in all tender/contract docs what is required by all parties
- Ensure everything is in writing
- Follow RICS guidance notes on conflict
4
Q
If a conflict occurs how would you deal with it?
A
- Raise the issue with all parties, try to resolve it through communication and negotiation before seeking a 3rd party legal.
5
Q
What would you consider a successful negotiation?
A
- All parties are happy with the outcome
- Final account is resolved in timely manner
6
Q
What is dispute resolution?
A
- Actions to resolve contractual disagreements between parties.
7
Q
What is ADR and what are some of the procedures?
A
Alternative Dispute Resolution
Procedures:
- Negotiation
- Conciliation
- Arbitration
- Mediation
- Adjudication
- Litigation
8
Q
What dispute resolution methods are named within Contracts you have executed?
A
JCT form: Adjudication
9
Q
What is litigation? and what are the advantages of using it?
A
- Process of contesting legal action in court.
Advantages:
- High quality decision making
- Can compel parties to timescales
Disadvantages:
- Greater costs
- Proceedings in public eye
- Judgement subject to appeal
10
Q
What is the the Arbitration procedure?
A
- All parties must agree to arbitration
- Request for dispute to be issued
- Preliminary meetings
- submissions
- expert report
- hearing
- award
11
Q
What are the strengths and weaknesses of adjudication?
A
Strengths:
- Wide coverage
- Timescales
- Widely used in industry
Weaknesses:
- Jurisdiction
- Contract is excluded from adjudication requirements
