Conflict Avoidance and Dispute Resolution

Question 1

SCOTT schedule

Answer 1

1. Table with inputs from both parties
2. Claimant will set out their proposal
3. Requires a degree of collaboration between the parties

Question 2

Adjudication

Answer 2

Compulsory under the Housing grants construction and regeneration act 1996

2. Third party nominated by the parties
3. For disputed to be quickly and efficiently resolved
4. 28 days can be extended to 42 days with both party agreement
5. Adjudicators discretion who bares the costs
6. Advantages
   - Fast, flexible and streamlined
   - Less expensive compared to Arbitration and Litigation
7. Disadvantages
   - Not legally binding
   - Expert cannot go beyond jurisdiction

Question 3

Mediation

Answer 3

1. Parties can agree on an independent third party to facilitate discussions
2. Evaluate - what they think of the costs and what the courts will say.
3. Facilitate - As a neutral during discussions
4. Advantages
   - Allows commercial relationship to be maintained
   - fast and cheap
5. Disadvantages
   - not binding
   - either party can withdraw

Question 4

Arbitration

Answer 4

1. Resolution of disputes by third party arbitrator selected by third parties
2. Resolved based on material facts, documents and relevant principle of law
3. Advantages
   - private
   - parties can agree on arbitrator
   - legally binding
4. Disadvantages
   - limited appeal rights
   - the parties must bear the costs of the arbitrator and venue