CONFLICT AVOIDANCE & DISPUTE

Question 1

Name some different forms of ADR?

Answer 1

Mediation, Negotiation (Adjudication, Arbitration and Litigation)

Question 2

Formal forms of ADR?

Answer 2

Adjudication, Arbitration and Litigation

Question 3

What do you need to consider when selecting a form of dispute resolution?

Answer 3

• Cost in proportion to claim
• Timescales
• Impact on business relationships and reputation

Question 4

What is conciliation?

Answer 4

• Similar to mediation
• Independent party to aid agreement
• Conciliators do not make decisions
• Conciliator will encourage both sides to come to a decision where as a mediator will suggest solutions.

Question 5

What is mediation?

Answer 5

• Use of a third party to mediate and guide a decision.
• Mediation encourages coming together and agreeing
• Suggests own solution

Question 6

What is negotiation?

Answer 6

When two parties come to an agreement themselves.

Question 7

What is adjudication?

Answer 7

• UK statutory dispute resolution method
• Quick process
• Binding until litigation or arbitration
• Simplified arbitration process

Question 8

What enforces the requirement for a building contract to contain provisions for adjudication?

Answer 8

Housing Grants, Construction and Regeneration act 1996

Question 9

What happens if a building contract does not have provisions for dispute resolution?

Answer 9

• Statutory right to adjudication assuming the contract qualifies under Housing Grants, Construction and Regeneration act 1996

Question 10

What is arbitration?

Answer 10

• Arbitrator appointed
• Decision is legally binding
• Can be overruled by Court of Appeal only
• Arbitration Act 1996

Question 11

Difference between arbitration and litigation?

Answer 11

• In order to arbitrate must be an agreement by both parties.
• Arbitration is a private process.
• Not in the courts
• 3 types of arbitration, litigation is presentation of arguments in court.

Question 12

Can you give an example of where you have solved a conflict?

Answer 12

61 CS - hairdresser - noisy working.

Question 13

What is a full audit trail?

Answer 13

• Keeping record of documentation e.g. approvals
• Stored in line with ISO requirements
• Written confirmation (as opposed to verbal)

Question 14

What is without prejudice?

Answer 14

• Legal tool that limits what previous communication between parties will be shown as evidence in court.

Question 15

What is expert determination?

Answer 15

• Third party expert will make a final binding decision.
• Cheaper than litigation
• Can be taken to court for negligence.

Question 16

What is dispute resolution?

Answer 16

Actions taken to resolve disagreements between parties