Conflict Avoidance and Dispute Resolution Procedures

Question 1

What is the difference between adjudication and arbitrator?

Answer 1

Adjudication involves the quick resolution of disputes - decision within 28 days

Adjudication is suitable for - simple disputes

Arbitration may be more situated to more complex dispute

Question 2

What is adjudication

Answer 2

Adjudication is the process by which a court judge resolves issues between two parties.

Question 3

What is dispute resolution ?

Answer 3

Actions to resolve contractual disagreements between parties.

Question 4

Name some different forms of ADR?

Answer 4

• Mediation
• Conciliation
• Negotiation
• Arbitration
• Adjudication

Question 5

What are the three formal forms of dispute resolution?

Answer 5

• Arbitration
• Litigation
• Adjudication

Question 6

What would you consider selecting a form of dispute resolution?

Answer 6

• The cost in proportion to the claim
• The timescales involved
• The impact on business relationships and reputation

Question 7

What is Conciliation?

Answer 7

• Dispute resolution similar to mediation.
• Independent party to aid an agreement.
• Conciliator has no authority to seek evidence or call witnesses.
• Conciliators do not make decisions.
• Messenger – shuttle diplomacy

Question 8

What is Mediation?

Answer 8

• Bringing in separate impartial third party to mediate and guide a decision which optimises the parties’ needs
• Mediation encourages coming together and agreeing.

Question 9

What is negotiation?

Answer 9

Parties may through an informal private or facilitated negotiation process agree to settle the dispute either at a high level or in detail and agree to be bound by this
settlement

Question 10

What is arbitration?

Answer 10

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.