Conflict Avoidance and Dispute resolution Procedures

Question 1

How do you avoid conflict?

Answer 1

Keep communication clear and constant
Outline roles and responsibilities
Diligent record keeping including hard evidence like photos
Pre-agreed / understood dispute resolution procedures

Question 2

What are the three pillars of negotiation?

Answer 2

Negotiation = problem solving between parties

Mediation/conciliation = Third Party Intervention which is not binding

Adjudication = Third party intervention which is not binding

Question 3

Name some conflict avoidance processes?

Answer 3

• Good Management
• Clear Contract Documentation
• Partnering and Alliancing
• Good Payment practice
• Record Keeping
• Regular reporting and proactivity

Question 4

What is a dispute?

Answer 4

Where two or more parties disagree on something

Question 5

What is the scheme for construction contracts?

Answer 5

The Scheme for Construction Contracts (England and Wales) Regulations (also known as The Scheme for Construction Contracts) is a scheme which applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act.

Part 1 = makes provisions for adjudication where the contract doesnt

Part 2 = Replaces provisions in the contract in relation to payment that don’t comply with the HG,C and R Act

Question 6

What are the different techniques of conflict avoidance?

Answer 6

Confronting collaborative = confront the issue rather than each other

Compromising give and take

Smoothing more accommodating, involves sacrifice

Forcing your view to complete disregard of the other view

Avoiding postponing

Question 7

What is your for conflict avoidance style?

Answer 7

I generally confront the issue as i feel that is the quickest and least adversarial way to avoid conflict, by dealing with facts

I would be forcing when i believe the position is clear cut in order to protect the client.

Question 8

If you cannot resolve an issue during the meeting what would you do?

Answer 8

II would deal with a dispute by:
* Suggest that the issue be taken which is avoidance and postponing the conflict.
* This allows actions to be agreed to ensure that the information has been provided and digested by both parties.
* I would call each party separately and discuss their thoughts prior to arranging a follow up meeting.
* Sometimes it is not possible for everyone to be happy with a decision.
* I would speak to the unhappy party privately and seek commitment that their performance would not be affected.

Question 9

How are disputes avoided?

Answer 9

• Robust tender and contract documentation
• controlled change
• informed procurement strategies
• Sensible risk allocation
• Appropriate financing
• Proactive project management

Question 10

What techniques are available to resolve disputes?

Answer 10

The 3 Pillars of Dispute Resolution

• Negotiation = problem solving efforts of the parties themselves
• Mediation = Mediation or conciliation third party intervention makes a non-binding decision
• Expert determination = An expert determination involves appointing an expert in a particular field to resolve a dispute. This expert is chosen for their specialized knowledge and expertise relevant to the issue at hand. Decision binding unless both parties agree otherwise.
• Adjudication = final outcome is determined by a 3rd party who’s decision is binding. (not chosen ). Quick resolution
• 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. Longer and more formal process.
• litigation = taking the dispute to court

Question 11

What are the types of Dispute Resolution?

Answer 11

• Negotiation
• Mediation and conciliation
• Expert Determination
• Adjudication
• Arbitration
• Litigation

Question 12

What is alternative dispute resolution (ADR)?

Answer 12

Alternative dispute resolution (ADR) is the term used to describe ways of resolving a dispute without having to go to court.

Question 13

What are ADR techniques?

Answer 13

This stands for Alternative Dispute Resolution and refers to any technique that is not litigation or arbitration.
Advantages of ADR:
* Speed takes less time than court proceedings following the CPR.
* Informality - outside of court.
* Greater opportunity for negotiation.
* Cost less money on professional fees that litigation.
* Quality of decision making “ as its made by experts in the field not judges.

Question 14

What types is most popular within the construction industry?

Answer 14

Adjudication

Question 15

What does JCT recommend for ADR?

Answer 15

The methods of dispute resolution are referenced in the Articles:
- Mediation
- Adjudication (adjudicator can be named in contract particulars)
- Arbitration (Appointing body can be named in Contract Particulars)

Question 16

What is a conflict?

Answer 16

When two or more parties have a difference of opinion arising out of a difference in thought process, attitudes, understanding, interests, requirements. Usually incompatible.
* Arguments
* Negotiation
* Dispute resolution
* Innovation.

Question 17

Advantages of using dispute boards?

Answer 17

• Confidentially =v any disputes and decisions will remain confidential
• Expertise = Members of the dispute board will have been selected for their knowledge and expertise prior to the dispute
• Flexibility = procedures can be agreed upon and adjusted by the parties as needed throughout the project
• Prevention of disputes = The dispute Board can deter frivolous claims and encourage negotiated settlements, preventing disputes from escalating
• Relationships = The consensual nature of the process helps preserve relationships among parties

Understanding: The dispute board gain a thorough understanding of the project through regular site visits and relationships with team members, unlike a tribunal that is appointed post-dispute.

Question 18

When is a dispute board appointed and why is this an advantage ?

Answer 18

At commencement of the project. They undertake regular site visits and are actively involved in the construction process, can influence the performance of the contracting parties and has ‘real-time’ value.

Question 19

Can you name some of the RICS approved ADR / Ombudsman bodies ? Where would you find this information ?

Answer 19

Centre for Effective Dispute Resolution
The property Ombudsman
The property Redress Scheme
Financial Ombudsman Service
Local Government Ombudsman
Adjudicators Office
Contained within the RICS Guidance Note - ‘Complaints Handling’ 1st Edition 2016

Question 20

What Dispute Resolution method is named in your contract?

Answer 20

JCT = Adjudication.
NEC = Adjudication.
NFDC = Adjudication

Question 21

What do you understand by Statutory?

Answer 21

Statutory Law (Statue Law) is set down by legislate. bodies

Question 22

Name some different forms of ADR?

Answer 22

• mediation
• Conciliation
• Negotiation

Question 23

What are the three formal forms of dispute resolution?

Answer 23

• arbitration
• litigation
• adjudication

Question 24

What are Alternative Dispute Resolutions? ADR

Answer 24

ADR’s aim to resolve disputes more quickly and cost-effectively than traditional litigation. The key is to select a method that balances economic efficiency with the specifics of the dispute. ADR should preserve business relationships, minimise costs, be timely, maintain confidentiality, and offer flexibility, ultimately leading to higher satisfaction for all parties

Question 25

what is the conflict avoidance pledge CAP?

Answer 25

CAP is a government-endorsed procedure that can be written into contracts to help parties involved in construction or engineering projects resolve disputes. demonstrates commitment to conflict avoidance - use of amicable resolution procedures to deal with disputes at an early stage

Question 26

What statute does Arbitration sit under?

Answer 26

The Arbitration Act 1996

Question 26

what is the property ombudsman and who set it up?

Answer 26

TPO is a government-approved scheme to provide independent redress in relation to disputes between consumers and property agents. The scheme was underpinned by statue in 2007 (estate agents) and 2014 (letting and managing agents) and approved by the UK government to help consumers settle their disputes with property businesses such as estate agents, letting agents and property management agents.

Question 27

What does without prejudice mean ?

Answer 27

That it cannot be used as evidence in court proceeding or criminal proceedings.

Question 27

What is the meaning of disclosure ?

Answer 27

allowing a party in arbitration to see a file of the other party.

Question 28

How do you avoid disputes?

Answer 28

Clear communication
Proactive management
Risk management
Good management skills
Good payment practices
Record keeping
Regular reporting
Taking meeting minutes and agreeing actions

Question 30

Why is ADR required in contracts?

Answer 30

The Housing Grants, Construction and regeneration act 1996 (the construction act) Stipulates:
- All contracts should allow for adjudication
- Any party i permitted to refer the dispute to adjudication

Question 31

What if the contract doesn’t have ADR Procedures?

Answer 31

If the contract qualifies under the The Housing Grants, Construction and Regeneration Act 1996 (The Construction Act), both parties have a statutory right to adjudication. If it does not qualify, then the Scheme for Construction Contracts applies.

Question 32

What is the Scheme for Construction Contracts 2011?

Answer 32

Its a secondary piece of legislation put into contracts upon failure of compliance of the construction act .

• procedure for appointment of the adjudicator and conduction of adjudication

Question 33

How do you prepare for negotiations?

Answer 33

• Claim notified or received - determine what the issue is and who is involved ?

Initial response and planning – what is your stance? What are your aims and what can you compromise on?

Prepare to meet – detailed planning, negotiation of team selection and roles.

Question 34

What is an expert witness?

Answer 34

Someone with specialist skills, knowlege, or experience who testifies in court about they believe hap happened in a certain case based on those spacilist kills, knowledge or experience.

Question 35

Who does the Expert Witness have a duty to?

Answer 35

The court